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Navarez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1991
173 A.D.2d 447 (N.Y. App. Div. 1991)

Opinion

May 6, 1991

Appeal from the Supreme Court, Kings County (Ramirez, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

On July 30, 1985, the plaintiff allegedly tripped over furniture his mother had placed in the middle of the room in anticipation of having their apartment painted. As a result of the fall, the plaintiff sustained serious injuries. In commencing a negligence action against the defendant New York City Housing Authority (hereinafter the NYCHA), the plaintiff alleged that the NYCHA was negligent, inter alia, in scheduling a date the painting contractor did not keep, for failing to provide directions to the mother as to how to stack the furniture in the middle of the room, and for not inspecting the apartment to ensure that the furniture was stacked safely.

In granting the NYCHA's motion for summary judgment, the Supreme Court found that the NYCHA's alleged negligence was not a proximate cause of the plaintiff's injuries and, thus, that the plaintiff failed to make out a prima facie case. We agree (see, Green v New York City Hous. Auth., 82 A.D.2d 780, affd 55 N.Y.2d 966; Martinez v Lazaroff, 48 N.Y.2d 819; Ventricelli v Kinney Sys. Rent A Car, 59 A.D.2d 869, affd 45 N.Y.2d 950, mod on other grounds 46 N.Y.2d 770; Falcone v City of New York, 170 A.D.2d 575).

We have considered the plaintiff's remaining contentions and find them to be without merit. Harwood, J.P., Balletta, Rosenblatt and O'Brien, JJ., concur.


Summaries of

Navarez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1991
173 A.D.2d 447 (N.Y. App. Div. 1991)
Case details for

Navarez v. New York City Housing Authority

Case Details

Full title:JIMMY NAVAREZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Defendant…

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

Date published: May 6, 1991

Citations

173 A.D.2d 447 (N.Y. App. Div. 1991)