Green v. New York City Housing Authority

In Green v. New York City Housing Authority, 82 AD2d 780 [1st Dept. 1981], aff'd 55 NY2d 966, 449 N.Y.S.2d 195, plaintiff brought an action against a premises owner alleging "negligence in the maintenance of its premises" contending that a door which came loose fell causing injury to plaintiff. The Court dismissed plaintiff's complaint finding that "a door is not an inherently dangerous instrumentality", and although defendant was negligent in failing to repair the door after notice of the defect, the accident was caused "by the mother's placement of the door against the wall, an act which the authority is not responsible." Manifestly, the Court in Green determined that defendant's failure to repair the door was not a substantial factor causing the accident which ensued or plaintiff's injury.