McCOLLIN, JR. v. NEW YORK CITY HOUSING AUTHORITY


307 A.D.2d 875 (2003)

764 N.Y.S.2d 40

EDMUND McCOLLIN, JR., Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided August 28, 2003.


Plaintiff, a telephone company employee, was dispatched to a building owned by defendant New York City Housing Authority (NYCHA) to set up jacks and wiring for a new intercom system. Upon entering the building's cellar to perform his work, plaintiff attempted to turn on the lights by flipping a switch near the door, but that switch failed to function. Rather than leaving the cellar to retrieve his flashlight (which he admitted at trial would have been "a reasonable and prudent...

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