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D.A. v. NEW YORK CITY HOUS. AUTH.

Index No. 350498/10. Appeal No. 12800. Case No. 2019-03330.

190 A.D.3d 449 (2021)

140 N.Y.S.3d 20

2021 NY Slip Op 00079

D.A., an Infant, by Her Mother and Natural Guardian, Robin T.A., et al., Respondents, v. New York City Housing Authority, Appellant.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York ( Linda M. Brown of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondents.

Concur— Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.

In this personal injury action arising from the infant plaintiff's (hereinafter, plaintiff) fall from her seventh-floor double-hung bedroom window, there is no dispute that defendant was responsible for maintaining the window and the window guard and that the window guard was improperly positioned after the accident. Defendant failed to demonstrate that plaintiff's testimony as to how the accident happened is incredible as a matter of law (see e.g. Thomas v New York City...

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