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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 20, 1998

StatusPublished

This text of 246 A.D.2d 427 (Gordon v. Phipps Houses Services, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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Bluebook (online)

246 A.D.2d 427, 666 N.Y.S.2d 921, 1998 N.Y. App. Div. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-phipps-houses-services-inc-nyappdiv-1998.

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