JEANTY v. NEW YORK CITY HOUS. AUTH.

10082, 101630/10.

176 A.D.3d 502 (2019)

108 N.Y.S.3d 340

2019 NY Slip Op 07367

Yolanne Jeanty, Respondent-Appellant, v. New York City Housing Authority, Appellant-Respondent.

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

Decided October 15, 2019.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellant-respondent.

Ephrem J. Wertenteil , New York, for respondent-appellant.

Concur—Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.


Plaintiff alleges that she was injured after the armature of a door, through which she was trying to pass in order to exit defendant's premises, fell and struck her in the head. Triable issues of fact exist as to the applicability of the doctrine of res ipsa loquitur. This theory of liability applies when the injury-causing event (1) is "of a kind which ordinarily does not occur in the absence of someone's negligence"; (2) is "caused by an agency or instrumentality within...

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