Tenant Struck by Elevator Door
LVT Number: 8742
Tenant sued landlord for negligence. Tenant was injured in a fall; he claimed he'd become dizzy after being struck by an elevator door and then fell down. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court again refused to dismiss the case. It was possible that a court could find that when tenant became trapped in the elevator, it was normal and foreseeable for him to try to close the stuck outer elevator door. That could have been a substantial factor in the chain of events leading to his dizziness and fall. A trial was needed to sort out the facts.
Faber v. New York City Housing Authority et al.: 608 NYS2d 469 (3/15/94) (App. Div. 1 Dept.; Carro, JP, Ellerin, Wallach, Kupferman, Nardelli, JJ)