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THOMAS v. CITY OF NEW YORK

9 A.D.3d 277 (2004)

779 N.Y.S.2d 480

MICHAEL THOMAS, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

July 1, 2004.

Plaintiff fails to show that the unavailability of the door check will substantially hinder his ability to prove that NYCHA had notice of the malfunctioning elevator door that caused his injury (see Tawedros v St. Vincent's Hosp., 281 A.D.2d 184 [2001]). His moving papers do not explain why NYCHA's repair and maintenance records are inadequate to prove such notice, or indicate whether there were any witnesses to the malfunctioning...

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