Opinion
5486 Index 303535/14
01-18-2018
Ada LUGO, Plaintiff–Respondent, v. BELMONT BOULEVARD HOUSING DEVELOPMENT FUND COMPANY, INC., Defendant–Appellant.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant. Trolman, Glaser & Lichtman, P.C., New York (Tina M. Wells of counsel), for respondent.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant.
Trolman, Glaser & Lichtman, P.C., New York (Tina M. Wells of counsel), for respondent.
Acosta, P.J., Sweeny, Gische, Andrias, Gesmer, JJ.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about June 20, 2017, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant failed to establish its entitlement to judgment as a matter of law, in this action where plaintiff was injured when the door to a trash compactor room closed on her thumb. Defendant failed to offer expert analysis to show that the condition of the door was not dangerous or defective, and instead relied on the testimony of its employees, who merely observed the door and found that it functioned properly (see Siciliano v. Henry Modell & Co., Inc., 85 A.D.3d 534, 536, 925 N.Y.S.2d 80 [1st Dept. 2011] ; compare Hunter v. Riverview Towers, 5 A.D.3d 249, 773 N.Y.S.2d 290 [1st Dept. 2004] ).