NEW YORK (CBSNewYork) — A woman struck in the head by a falling chair in New York City has filed a lawsuit after being left with traumatic brain injuries.

A woman was hurt by furniture flying from a 12th-story balcony near Union Square on Jan. 25, 2020. (Credit: CBS2)

Twenty-four-year-old Annabel Sen was walking near 15 Union Square West on a windy day in January when a wooden lounge chair flew off the terrace of the 12th floor penthouse.

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Sen has been through three surgeries since.

Her lawyer says the incident could have been prevented.

“For days in advance, they were talking about how windy it was going to be and what heavy rain it was going to be,” attorney Benedict Morelli said. “That furniture should have been inside to begin with, and if not, it should have been tied down very securely.”

The penthouse belongs to a holding company owned by New Jersey Devils and Philadelphia 76ers co-owner Michael Rubin. He was not living there at the time.

The holding company, penthouse owner and building management are all named in the lawsuit.

CBS2 reached out to management for comment but have not heard back.

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