PATTON v. NEW YORK CITY HOUS. AUTH.

1407, 309078/11.

140 A.D.3d 659 (2016)

33 N.Y.S.3d 719

2016 NY Slip Op 05226

RICARDO PATTON, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2016.


In this action alleging negligent premises security, NYCHA met its prima facie burden of demonstrating that the assailants' identities remain unknown and that it could not be established that they were intruders who gained access to the building due to the broken door locks (see Smith v New York City Hous. Auth., 130 A.D.3d 427 [1st Dept 2015]). In opposition, however, plaintiff raised a triable issue of fact by presenting

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