Did Faulty Elevator Impeding EMS Response Cause Tenant's Death?

Tenant sued landlord for negligence after a broken elevator inside the building delayed emergency medical service workers from transporting her daughter to a hospital for more extensive treatment after she suffered a heart attack in her apartment. The daughter later died. Landlord asked the court to dismiss the case, claiming that it wasn’t responsible for tenant’s injuries and that it didn’t have knowledge of any elevator problems. The court ruled against landlord. NYCHA’s records indicated problems with the elevator on six separate occasions within 45 days before the date of the daughter’s death. There were also questions of fact as to whether the elevator malfunction was a contributory factor causing the death. So a trial was needed.

Lebron v. NYCHA: 53 Misc.3d 1209(A), 2016 N.Y. Slip Op. 51547(U) (Sup. Ct. Bronx; 10/19/16; Barbato, J)