GORDILS v. AUDOBON EQUITIES LTD.


291 A.D.2d 318 (2002)

738 N.Y.S.2d 49

JOSE A. GORDILS et al., Respondents, v. AUDOBON EQUITIES LTD., Appellant.

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

Decided February 21, 2002.


The infant plaintiff, a resident in defendant's building, was injured while attempting to use a fire escape to enter the building. In view of evidence that the building intercom system had not been working for at least a month, that defendant's employee had been informed that the intercom was not working, that other tenants and defendant's own employee had used the fire escape as a means to enter the building, a question of fact exists as to whether the infant plaintiff's...

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