Legal Opinion

Clark v. New York City Housing Authority

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

Decided May 25, 2004PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 5, 2003, which granted defendants’ motion and cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We affirm the grant of summary judgment dismissing the complaint on the ground that the record establishes that neither defendant received actual or constructive notice of the elevator door malfunction that led to plaintiff’s injury. With regard to defendant elevator maintenance contractor (Start), the deposition testimony of Start’s employee establishes that Start, whose contract…

2Cases cited4 opinions

  1. Carlos v. New Rochelle Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  2. Tashjian v. Strong & AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
  3. De Sanctis v. Montgomery Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Nivens v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by6 opinions

  1. Singh v. United Cerebral Palsy of New York City, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Hernandez v. Pace Elevator Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Johnson v. Wythe Place, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  4. Brown v. HowsonAppellate Division of the Supreme Court of the State of New York · 2015
  5. Fasano v. Euclid Hall Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2016

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