Tenant Died While Riding on Top of Elevator

May 31, 1997

LVT Number: 11502

Tenant's family sued landlord, NYCHA, after tenant was crushed to death by an elevator. Tenant and a friend were riding on top of the elevator. Tenant then moved onto a ledge in the elevator shaft, intending to jump back on top of the elevator as it went up. But tenant slipped and fell between the elevator and the wall of the elevator shaft. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord.

Tenant's family sued landlord, NYCHA, after tenant was crushed to death by an elevator. Tenant and a friend were riding on top of the elevator. Tenant then moved onto a ledge in the elevator shaft, intending to jump back on top of the elevator as it went up. But tenant slipped and fell between the elevator and the wall of the elevator shaft. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant's death was clearly caused by his own deliberate, hazardous, and illegal conduct.

Rice v. NYCHA: NYLJ, p. 32, col. 5 (5/16/97) (App. Div. 2 Dept.; Rosenblatt, JP, Copertino, Pizzuto, Krausman, Florio, JJ)

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