Tenant Injured by Falling Door Check

September 30, 2002

LVT Number: 16114

Tenant sued landlord after she was injured by a door check that fell from a doorframe while she was standing beneath it. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. During pretrial questioning, the building superintendent had stated that he personally inspected all of the public door checks three or four times each day and that he was unaware of any defects. Tenant didn't rebut this testimony.

Tenant sued landlord after she was injured by a door check that fell from a doorframe while she was standing beneath it. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. During pretrial questioning, the building superintendent had stated that he personally inspected all of the public door checks three or four times each day and that he was unaware of any defects. Tenant didn't rebut this testimony. So landlord showed it had no actual notice of any defective condition for any length of time that would have allowed for repair before tenant was injured.

Gonzalez v. Trump Village, Section 4, Inc.: NYLJ, 9/24/02, p. 20, col. 1 (App. T.2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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