Loperena v. New York City Housing Authority

Full title: BRENDA LOPERENA, an Infant, by Her Mother and Natural Guardian, OLGA…

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

Date published: Mar 23, 1993

191 A.D.2d 352 (N.Y. App. Div. 1993)

596 N.Y.S.2d 676

Opinion

March 23, 1993

Appeal from the Supreme Court, Bronx County (Anita Florio, J.).

Plaintiff presented evidence sufficient to raise issues of fact as to whether the alleged defect in the lock had existed for a sufficient period of time prior to the incident to permit defendant to discover and correct it (see, Perez v. City of New York, 168 A.D.2d 227, appeal dismissed 77 N.Y.2d 872, lv denied 78 N.Y.2d 854). Whether defendant's negligence was the proximate cause of plaintiff's injuries also presents a triable issue. We have considered defendant's remaining contentions and find them to be without merit.

Concur — Ellerin, J.P., Wallach, Kupferman and Asch, JJ.