Trial Required on Whether Building Entrance Door Defective

A visitor to landlord's building sued landlord for negligence. The visitor's thumb was crushed when the rear entrance door closed on his hand. The injury required surgery and partial amputation. The visitor claimed that landlord had negligently installed and maintained the door closer, which leaked fluid and closed too quickly. Landlord asked the court to dismiss the case without a trial. Landlord claimed that it had no notice of any dangerous condition. The court ruled against landlord. A trial was needed because there were questions of fact. The visitor said that the same condition existed three months earlier, when he previously visited the building. Landlord's employee stated that he kept a daily maintenance log, but that inspecting the rear door wasn't part of his building inspection. The visitor's engineer submitted a report stating that the door closer was installed improperly. And tenant, who was with the visitor at the time of the accident, stated that he had complained to the super a number of times for at least seven months about the door.

Young v. NYCHA: NYLJ, 3/6/07, p. 22, col. 3 (Sup. Ct. Kings; Lewis, J)