Opinion
Argued April 3, 2000.
April 24, 2000.
In an action, inter alia, to recover damages for wrongful death, etc., the defendant New York City Housing Authority appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), entered June 21, 1999, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Jeffrey Samel Partners (Herzfeld Rubin, P.C., New York, N Y, [Herbert Rubin, David B. Hamm, and Linda M. Brown] of counsel), for appellant.
Goldman Goldman, New York, N.Y. (Steven F. Goldman of counsel), for plaintiffs-respondents.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs payable by the plaintiffs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The plaintiffs alleged, inter alia, that neither elevator in the decedent's apartment building, which was managed by the defendant New York City Housing Authority (hereinafter the NYCHA), was operational on the early morning of January 16, 1992, thereby delaying the arrival of paramedics. Contrary to the Supreme Court's determination, no triable issue of fact was raised in opposition to the prima facie showing by the NYCHA that at least one elevator was working when the paramedics arrived and, thus, that the alleged dangerous condition did not exist (see, Pacht v. International Bus. Machs., 228 A.D.2d 422; Morales v. Hefran Realty Co., 202 A.D.2d 407 ).