Parker v. Two Jay Realty Corp.

Plaintiff, Beatrice Parker, and her husband, Herman Parker, were tenants in a seventeen-story apartment building in New York City, occupying an apartment on the fourth floor. On the afternoon of April 29, 1949, Mrs. Parker left the apartment to go outside the building. When she reached the passenger elevator door on her floor, she observed a sign reading “ Elevator temporarily out of order ”. She proceeded to one of the service elevators on the same floor, and rang for the elevator, but waited in vain for approximately four or five minutes. She then decided to walk down.

The stairway from the…