Legal Opinion

Faber v. New York City Housing Authority

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1994PublishedCited by 2 opinions

1Opinion of the Court

*270—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about May 7, 1993, which denied defendants-appellants’ motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

A trier of fact could find that when plaintiffs friend became trapped in the elevator, plaintiffs attempt to close the stuck outer door of the elevator was a normal and foreseeable response (see, Shutak v Handler, 190 AD2d 345, 347). Plaintiffs asserted dizziness and possible diminished capacity as a result of being struck by the elevator door was a…

2Cases cited3 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Shutak v. HandlerAppellate Division of the Supreme Court of the State of New York · 1993
  3. Silva v. 81st Street & Avenue A Corp.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. Uribe v. Merchants BankAppellate Division of the Supreme Court of the State of New York · 1997
  2. Egan v. Pensek Truck Leasing Co., L.P.Appellate Division of the Supreme Court of the State of New York · 1996

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