Carter v. New York City Housing Authority

Full title: KIM CARTER, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent

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

Date published: Apr 19, 1999

260 A.D.2d 528 (N.Y. App. Div. 1999)

688 N.Y.S.2d 237

Opinion

April 19, 1999

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

Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained injuries when a door in her apartment shut on her hand. The defendant New York City Housing Authority, the owner of the building, was granted summary judgment dismissing the complaint. We affirm.

The court properly determined that the door at issue was not an inherently dangerous instrument simply because it lacked a door stop ( see, Tjepkema v. Rochdale Meat Mkt., 238 A.D.2d 333; Green v. New York City Hous. Auth., 82 A.D.2d 780, affd 55 N.Y.2d 966; White v. Board of Educ., 249 App. Div. 520, 521, mod on other grounds 250 App. Div. 777).

The appellant's remaining contentions are without merit.

O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.