RICE v. NEW YORK CITY HOUS. AUTH.


239 A.D.2d 400 (1997)

658 N.Y.S.2d 347

Joanne H. Rice, Respondent, v. New York City Housing Authority, Appellant

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

May 12, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment dismissing the cause of action to recover damages for wrongful death asserted in the complaint is granted, and the complaint is dismissed in its entirety.

The decedent and a friend were riding on top of an elevator managed, maintained, and operated by the appellant. At some point, the decedent moved onto a ledge...

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