In Bloom v. Lula Realty Corp. , the Appellate Division, First Department, dismissed a tenant's complaint which alleged liability by her landlord for injuries caused by a broken gate.
Anita Bloom, age 71, a tenant in one of Lula Realty Corp.'s buildings, disposed of her garbage by accessing a fenced-in area on the property. The handle on the wrought-iron gate leading into that space had been missing for some eight years.
Although it had been tied open for many years, for about six months the gate had been allowed to swing shut. One day, when Bloom tried to open the handleless gate, by reaching above the heavy mesh-wire lining, she slipped and broke her wrist.
In a personal injury case filed with the Bronx County Supreme Court, Bloom alleged that the defective gate caused her injuries. When her complaint was dismissed, Bloom appealed to the Appellate Division, First Department.
The AD1 sided with Lula since the gate was not inherently dangerous, defective, or violative of law. Furthermore, Bloom's knowledge of the defect, and her use of the gate for years without incident, operated against her.
While Justice Saxe agreed that the lack of a doorknob did not constitute negligence as a matter of law, he thought the complaint's dismissal was inappropriate and dissented. To Saxe, the fact that Bloom knew of the dangerous condition was not dispositive, and he was of the opinion that the case should have been heard by a jury.
Unless the Court of Appeals intervenes, yet another door will have slammed shut on poor Ms. Bloom.
To download a copy of the Appellate Division decision, please use this link: Bloom v. Lula Realty Corp