CLARK v. NEW YORK CITY HOUSING AUTHORITY


7 A.D.3d 440 (2004)

777 N.Y.S.2d 450

RUSSELL C. CLARK, JR., Appellant, v. NEW YORK CITY HOUSING AUTHORITY ET AL., Respondents.

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

May 25, 2004.


We affirm the grant of summary judgment dismissing the complaint on the ground that the record establishes that neither defendant received actual or constructive notice of the elevator door malfunction that led to plaintiff's injury. With regard to defendant elevator maintenance contractor (Start), the deposition testimony of Start's employee establishes that Start, whose contract to maintain the subject elevator began only one day prior to the accident, did not receive notice...

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