AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CAROL BROWN, respondent, v. CITY OF NEW YORK, ET AL., appellants.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

On October 9, 1997, the plaintiff sustained injuries to her right hand when a heavy metal door on the defendants' premises forcefully slammed closed on it. As a result of the accident, the plaintiff developed reflex sympathetic dystrophy and allodynia, and suffers from chronic pain.

Contrary to the defendants' contention, the plaintiff made out a prima facie case and presented sufficient evidence to support the verdict. A valid line of reasoning could lead rational people to conclude that the door constituted a dangerous condition ( see Cohen v. Hallmark Cards, 45 N.Y.2d 493), and that the defendants' duty to maintain the door in a reasonably safe condition was breached ( see Tagle v. Jakob, 97 N.Y.2d 165; Basso v. Miller, 40 N.Y.2d 233). Furthermore, expert testimony was not required to establish that the door constituted a dangerous condition ( see Bermeo v. Rejai, 282 A.D.2d 700, 701; see also Kulak v. Nationwide Mut. Ins. Co., 40 N.Y.2d 140, 148).

The damages awarded for past and future pain and suffering were not excessive.

The defendants' remaining contentions are without merit.

ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

BROWN v. CITY OF NEW YORK
(Oct 14, 2003)