Gordon v. Phipps Houses Services, Inc.

Appellate Division of the Supreme Court of New York

Gordon v. Phipps Houses Services, Inc.

246 A.D.2d 427, 666 N.Y.S.2d 921, 1998 N.Y. App. Div. LEXIS 338

Appellate Division of the Supreme Court of the State of New York·Decided January 20, 1998·Published

Opinion

Order, Supreme Court, New York County (Lorraine Miller, J.), entered April 4, 1996, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

We find that the affidavits submitted by two of defendant-appellant’s employees, which attest to the individual defendant’s unusual behavior, including sexually inappropriate behavior towards minors, raise an issue of fact as to whether defendant landlord knew or should have known that the individual defendant had a propensity to commit predatory sexual acts against children (see, Vanderhule v Berinstein, 285 App Div 290). Concur—Sullivan, J. P., Ellerin, Nardelli, Rubin and Tom, JJ.

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Order, Supreme Court, New York County (Lorraine Miller, J.), entered April 4, 1996, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

We find that the affidavits submitted by two of defendant-appellant’s employees, which attest to the individual defendant’s unusual behavior, including sexually inappropriate behavior towards minors, raise an issue of fact as to whether defendant landlord knew or should have known that the individual defendant had a propensity to commit predatory sexual acts against children (see, Vanderhule v Berinstein, 285 App Div 290). Concur—Sullivan, J. P., Ellerin, Nardelli, Rubin and Tom, JJ.

Gordon v. Phipps Houses Services, Inc., 246 A.D.2d 427, 666 N.Y.S.2d 921, 1998 N.Y. App. Div. LEXIS 338 (N.Y. Ct. App. 1998).

Pincite

246 A.D.2d 427 (Gordon v. Phipps Houses Services, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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