Wiggins v. City of New York

Judgment, Supreme Court, New York County (Paviola Soto, J.), entered June 20, 2002, which, upon a jury verdict, awarded plaintiff damages, unanimously affirmed, without costs.

The trial evidence showed that at 6:50 a.m., on June 22, 1992, plaintiff became stuck in a malodorous, dirty and poorly ventilated elevator in defendant’s building with her two daughters, aged 7 and 9; that the children became upset and complained that they could not breathe; and that after pressing the alarm button and getting no response, plaintiff banged on the elevator walls and screamed for 30 to 40 minutes before…