Estate of McMillan v. New York City Housing Authority

—Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about July 7, 1998, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Neither of plaintiffs experts stated that the interlocking safety mechanism, which the 12-year-old decedent deliberately disengaged to gain entry to the elevator shaft for the purpose of engaging in the dangerous activity of “elevator surfing”, was an insufficient safety device. Accordingly, plaintiff failed to raise any triable issue as to whether defendant had neglected to take…