WIGGINS v. CITY OF NEW YORK


1 A.D.3d 116 (2003)

766 N.Y.S.2d 202

JHANA M. WIGGINS, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

November 6, 2003.


The trial evidence showed that at 6:50 A.M., on June 22, 1992, plaintiff became stuck in a malodorous, dirty and poorly ventilated elevator in defendant's building with her two daughters, aged 7 and 9; that the children became upset and complained that they could not breathe; and that after pressing the alarm button and getting no response, plaintiff banged on the elevator walls and screamed for 30 to 40 minutes before getting the attention of a nonresident who happened to...

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