Ortiz v. New York City Housing Authority

I respectfully dissent because I disagree with the majority’s conclusion that there is an issue of fact as to whether defendant permitted a dangerous condition to exist on its premises. While riding her scooter on a walkway, the infant plaintiff was struck by an unsecured gate that was being used by another child as a swing. Plaintiff’s theory of liability is that there was an “ongoing, recurrent hazardous condition of children swinging on the gate which existed for at least one year” prior to the accident. The majority correctly recognizes that an unlocked gate is not inherently dangerous.…