Sealey v. Westend Gardens Housing Development Fund Co.

*654In 1999, the plaintiff was injured when he attempted to ride his electric-powered wheelchair into an elevator that was misleveled by five to six inches. On the plaintiffs second attempt to enter the elevator, the wheelchair flipped over backwards, ejecting the plaintiff.

On the plaintiff’s prior appeal, by decision and order dated February 20, 2007, this Court affirmed so much of a Supreme Court order dated July 5, 2005 (hereinafter the 2005 order), as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant…