101 A.D.2d 735 | N.Y. App. Div. | 1984
Order of the Supreme Court, Bronx County (Fusco, J.), dated November 30, 1983, denying defendant New York City Housing Authority’s motion for summary judgment, is reversed, on the law, and the motion granted, without costs. H Plaintiff Maria V. Santiago resided at 455 East 146th Street in a housing complex owned, operated and maintained by the defendant Authority. The lobby of the building contained two sets of doors, one exterior door leading to the street area and one interior set leading to the main lobby. In between was a small vestibule. On October 12, 1980, at 6:15 a.m., Santiago was leaving the premises en route to her job at Prospect Hospital. Plaintiff claims to have had difficulty in opening the exterior door, in that the door was “jammed” or otherwise inoperative. Once out on the street, Santiago heard a gunshot, the source of which was never discovered. She immediately attempted to open the door and re-enter the building for safety, but she could not force it open. She was then struck by a second bullet which entered her leg. As a result, she was hospitalized for three weeks and was totally disabled for six months. 11 Trial Term denied the Authority’s motion for summary judgment finding that issues of fact existed “centering on the foreseeability of the injuries sustained including the degree