Tenant's Child Fell Through Glass Door in Hallway

Facts: Tenant's child was injured when he fell through a glass door at the entry of a two-story building built in the 1920s. Tenant claimed that landlord was negligent, because the door didn't have shatterproof glass. Tenant claimed that safety glass was required by law since 1973. Tenant argued that even if this law didn't apply to landlord's older door, the door wasn't safe under modern safety standards. Landlord claimed that the child fell through the door because he was playing around too much and asked the court to dismiss the case without a trial. Court: Landlord loses. There were questions of fact requiring a trial. Tenant had submitted a sworn statement from an engineer supporting her claim that the door didn't meet current safety standards. And there was a question about whether it was the door or the child's activities that caused the injury.

Monahan v. Hill: NYLJ, 6/19/00, p. 32, col. 6 (Sup. Ct. Kings; Barron, J)