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Thursday, March 28, 2024 | Back issues
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NYC Mom Sues for Child’s Fatal Elevator Stabbing

BROOKLYN (CN) - The mother of a 6-year-old boy fatally stabbed in the elevator of a New York City housing project seeks $200 million for lax security.

Arika McClinton filed her 24-page complaint against New York City and its housing authority Wednesday in Kings County Supreme Court.

McClinton's son, Prince Joshua Avitto, was stabbed June 1, 2014, while riding an elevator with his 7-year-yold friend, Mikayla Capers, in the Boulevard Housing Project in East New York. The girl also was stabbed, but survived.

Their accused assailant, Daniel St. Hubert, pleaded not guilty last year and was found fit to stand trial. The next court date in his murder case is Friday.

McClinton's lawsuit says the housing authority failed to install security cameras in the building despite getting $60 million the year before to do so.

The housing authority "had the duty and obligation to provide adequate and proper security and keep the aforesaid premises safe and secure," she says, given the "vast number of crimes, violence, high crime activity and intruders in and around the subject Boulevard public housing project."

McClinton also says the housing agency is liable for her son's death because it eliminated the Voluntary Tenants Patrol Organization that provided security on the property.

The agency also allegedly failed to repair the broken door to her building.

The NYCHA did not respond to a request for comment Thursday morning.

McClinton seeks punitive damages for pain and suffering. She is represented by Jack Yankowitz.

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