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Faber v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 1994
202 A.D.2d 269 (N.Y. App. Div. 1994)

Opinion

March 15, 1994

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).


A trier of fact could find that when plaintiff's friend became trapped in the elevator, plaintiff's attempt to close the stuck outer door of the elevator was a normal and foreseeable response (see, Shutak v. Handler, 190 A.D.2d 345, 347). Plaintiff's asserted dizziness and possible diminished capacity as a result of being struck by the elevator door was a condition that could have been a substantial factor in the chain of events that produced his subsequent injury, in which event plaintiff would be entitled to recover even if other factors contributed to the fall, and the precise manner in which the accident happened need not be shown, nor that the extent of the injuries was foreseeable (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315). Any inconsistencies in plaintiff's versions of the events present issues for the trier of fact (see, Silva v. 81st St. Ave. A Corp., 169 A.D.2d 402, 404, lv denied 77 N.Y.2d 810).

We have considered appellants' other contentions and find them to be without merit.

Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Nardelli, JJ.


Summaries of

Faber v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 1994
202 A.D.2d 269 (N.Y. App. Div. 1994)
Case details for

Faber v. New York City Housing Authority

Case Details

Full title:PATRICK FABER, Respondent, v. NEW YORK CITY HOUSING AUTHORITY et al.…

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

Date published: Mar 15, 1994

Citations

202 A.D.2d 269 (N.Y. App. Div. 1994)
608 N.Y.S.2d 469

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