Tenant Didn't Prove Door Was Defective

Tenant sued landlord for negligence after he was injured in the building. Children knocked open a stairwell door leading to the building lobby. Tenant claimed that the force and speed with which the door swung open showed that it was improperly adjusted or maintained. Landlord asked the court to dismiss the case without a trial. It showed that it conducted weekly safety inspections that included the door's closing mechanism, that it never received any complaints about the door, and that tenant had walked to his mailbox many times before with no problem. Landlord also submitted the report of an expert engineer that the door conformed to Building Code requirements and was properly adjusted. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Landlord showed that there was no defect in the door and, even if there was, landlord had no knowledge of a defect for enough time before the accident to correct it. Tenant presented no proof to the contrary.

Hunter v. Riverview Towers, Inc.: NYLJ, 3/22/04, p. 24, col. 5 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Sullivan, Ellerin, Friedman, JJ)