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GALANTE v. NEW YORK CITY HOUSING AUTHORITY

2835, 15645/06.

146 A.D.3d 640 (2017)

2017 NY Slip Op 00430

45 N.Y.S.3d 449

ANTHONY GALANTE et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2017.

The motion court properly concluded that the doctrine of res ipsa loquitur precludes the award of summary judgment in defendant's favor in this action where plaintiff was injured when the elevator in which he was riding came to a sudden and abrupt stop. Elevator malfunctions ordinarily do not occur in the absence of negligence (see e.g. Ezzard v One E. Riv. Place Realty Co., LLC, 129 A.D.3d 159, 163 [1st Dept 2015]), and defendant...

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