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LOPEZ v. NEW YORK CITY HOUS. AUTH.

159 A.D.2d 236 (1990)

Maria Lopez, Individually and as Mother and Natural Guardian of Luisa Lopez, an Infant, Respondent-Appellant, v. New York City Housing Authority, Appellant-Respondent, and City of New York, Respondent

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

March 6, 1990

The infant plaintiff was injured when she fell down an elevator shaft after the elevator doors opened and she then attempted to jump from the stalled elevator to the nearest floor, approximately 4½ feet below. She argues that defendant's negligent maintenance of the elevator and the foreseeability of an infant jumping from a stalled elevator combine to make defendant liable as a matter of law; defendant counters that even if...

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