Adekanbi v. Purdue Leasing Ltd. Liability Co.

*1097OPINION OF THE COURT

Herbert Kramer, J.

Plaintiffs decedent, a three-year-old infant, fell to his death after he gained access to the terrace of his sixth-floor apartment through a door in his living room that had a broken lock. Defendants move for summary judgment on the theory that plaintiffs claims of negligence are based upon speculation.

Plaintiff administrator makes two claims upon which he premises negligence. The first is that the lock of the terrace door was broken and that, despite repeated calls to management to have it repaired, the lock was never fixed. The second claim made through…