Toddler Struck Head on Doorway Hinge

LVT Number: 16178

Tenant sued landlord for negligence after her 2-year-old child was injured. The child was running down a common area hallway and struck her head on a hinge attached to a doorway. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There was no proof that landlord's earlier removal of the door from the hinge created a hazardous condition or that the hinge was in any way defective.

Tenant sued landlord for negligence after her 2-year-old child was injured. The child was running down a common area hallway and struck her head on a hinge attached to a doorway. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There was no proof that landlord's earlier removal of the door from the hinge created a hazardous condition or that the hinge was in any way defective.

Lesser v. Apron Assocs.: NYLJ, 10/15/02, p. 27, col. 1 (App. Div.2 Dept.; Feuerstein, JP, Smith, Friedmann, Adams, JJ)