Naranjo v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Naranjo v. New York City Housing Authority

247 A.D.2d 246, 668 N.Y.S.2d 366, 1998 N.Y. App. Div. LEXIS 1065

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 1998·Published·Cited by 3 cases

Opinion

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 12, 1997, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

[247] We agree with the IAS Court that an issue of fact as to whether plaintiffs assailants were intruders in the senior citizens residence where plaintiff was visiting his mother is raised by the affidavit of an eyewitness, who stated that the assailants, who were not senior citizens and were loitering in front of the building when she and plaintiff arrived, followed plaintiff into the lobby through a door with a broken lock (compare, Burgos v Aqueduct Realty Corp., 245 AD2d 221 [plaintiff could only speculate as to the means of entry]).

Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.

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Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 12, 1997, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

[247] We agree with the IAS Court that an issue of fact as to whether plaintiffs assailants were intruders in the senior citizens residence where plaintiff was visiting his mother is raised by the affidavit of an eyewitness, who stated that the assailants, who were not senior citizens and were loitering in front of the building when she and plaintiff arrived, followed plaintiff into the lobby through a door with a broken lock (compare, Burgos v Aqueduct Realty Corp., 245 AD2d 221 [plaintiff could only speculate as to the means of entry]).

Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.

Naranjo v. New York City Housing Authority, 247 A.D.2d 246, 668 N.Y.S.2d 366, 1998 N.Y. App. Div. LEXIS 1065 (N.Y. Ct. App. 1998).

Pincite

247 A.D.2d 246 (Naranjo v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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