Pagan v. New York City Housing Authority

Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 14, 1989, denying defendant’s motion for summary judgment dismissing plaintiffs’ complaint, unanimously affirmed, without costs.

In light of the state of mental retardation of the infant plaintiff and his inability to speak, plaintiffs have tendered an acceptable excuse for not offering his statement with respect to the conditions existing at the time of his slip and fall upon the rampway used to transport garbage out of the defendant’s building. The infant’s mother’s affidavit interpreting the hand language of the infant was…