CARTER v. NEW YORK CITY HOUSING AUTHORITY (1999)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated March 20, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly sustained injuries when a door in her apartment shut on her hand.   The defendant New York City Housing Authority, the owner of the building, was granted summary judgment dismissing the complaint.   We affirm.

The court properly determined that the door at issue was not an inherently dangerous instrument simply because it lacked a door stop (see, Tjepkema v. Rochdale Meat Mkt., 238 A.D.2d 333, 656 N.Y.S.2d 303;  Green v. New York City Hous. Auth., 82 A.D.2d 780, 440 N.Y.S.2d 654, affd. 55 N.Y.2d 966, 449 N.Y.S.2d 195, 434 N.E.2d 264;  White v. Board of Educ., 249 App.Div. 520, 521, 293 N.Y.S. 70, mod. on other grounds 250 App.Div. 777, 296 N.Y.S. 241).

The appellant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.