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MATTER OF ESTATE OF McMILLAN v. NEW YORK CITY HOUSING AUTHORITY

266 A.D.2d 153 (1999)

699 N.Y.S.2d 346

In the Matter of the ESTATE OF WALTER McMILLAN, Deceased, et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided November 30, 1999.

Neither of plaintiff's experts stated that the interlocking safety mechanism, which the 12-year-old decedent deliberately disengaged to gain entry to the elevator shaft for the purpose of engaging in the dangerous activity of "elevator surfing", was an insufficient safety device. Accordingly, plaintiff failed to raise any triable issue as to whether defendant had neglected to take reasonable measures to prevent the decedent from gaining access to the elevator shaft (see...

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