Visitor Hit by Flying Glass

March 1, 2000

LVT Number: 13908

Children who were tenant's relatives were visiting her when one child was injured by glass on the sidewalk outside the building. A child had picked up a stick and hit the glass, which flew up and hit the other child in the eye. The child's parents sued landlord for negligence. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case.

Children who were tenant's relatives were visiting her when one child was injured by glass on the sidewalk outside the building. A child had picked up a stick and hit the glass, which flew up and hit the other child in the eye. The child's parents sued landlord for negligence. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. What happened wasn't a normal or foreseeable result of there being glass on the sidewalk outside the building. The real cause of the child's injury was the act of the other child.

Dantzler v. NYCHA: NYLJ, 2/18/00, p. 32, col. 4 (App. Div.2 Dept.; Ritter, JP, Sullivan, Miller, Luciano, JJ)

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