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JACQUELINE S. v. CITY OF NY

81 N.Y.2d 288 (1993)

Jacqueline S., an Infant, by Ludovina S., Her Mother and Natural Guardian, et al., Appellants, v. City of New York, Defendant, and New York City Housing Authority, Respondent. Robert Morgenthau, Nonparty Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1993.

Attorney(s) appearing for the Case

Salzman, Ingber & Winer, New York City (Norman E. Frowley of counsel), for appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Anthony J. Mercorella, Harry P. Brett and Richard E. Lerner of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE and SMITH concur with Judge HANCOCK, JR.; Judge BELLACOSA dissents and votes to affirm in a separate opinion.

HANCOCK, JR., J.

The plaintiff was a resident of one of several apartment buildings in a housing complex when she was abducted and raped by an assailant inside her building. In opposing defendant's motion for summary judgment, plaintiff produced evidence of violent criminal activity in the housing complex and of dangerous conditions in the building where she resided. The Appellate Division granted defendant summary...

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