MITCHELL v. ARGUS REALTY CO.


8 A.D.3d 18 (2004)

777 N.Y.S.2d 493

SHIRLEY MITCHELL, Respondent, v. ARGUS REALTY CO. et al., Appellants, et al., Defendant.

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

June 1, 2004.


Plaintiff was struck on the head by an overhead garage door as she was walking out of a building owned and operated by defendants, collectively the building's landlord. The building superintendent, who had inspected the door about a month prior to the accident and found no problems, testified that it had partially detached from its track on one side. He regularly performed maintenance on the door by applying grease to the guide rollers and track. There had been no previous...

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