Tenant's Hand Injured by Elevator Door

May 31, 2000

LVT Number: 14133

Tenant sued landlord after her 12-year-old son was injured by an elevator door that swung open and pinned his hand against a wall. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. There were factual questions as to whether the elevator door was defective, whether landlord created or knew of the defect, and whether an elevator passenger's actions were the actual cause of tenant's son's injuries. A trial was needed.

Tenant sued landlord after her 12-year-old son was injured by an elevator door that swung open and pinned his hand against a wall. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. There were factual questions as to whether the elevator door was defective, whether landlord created or knew of the defect, and whether an elevator passenger's actions were the actual cause of tenant's son's injuries. A trial was needed.

Torres v. NYCHA: 705 NYS2d 38 (2000) (App. Div.1 Dept.; Nardelli, JP, Williams, Tom, Lerner, Rubin, JJ)

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