HENDRICKS v. KEMPLER


156 A.D.2d 425 (1989)

Rasheema Hendricks, an Infant, by Her Mother and Natural Guardian, Mary Neblett, et al., Appellants, v. Jacob Kempler, Also Known as 1970 Realty Co., Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1989


Ordered that the judgment is affirmed, with costs.

The infant plaintiff was assaulted in her family's apartment by a 13-year-old boy who lived in the neighborhood and attended school with her brother. She testified that she knew her assailant to be a friend of her brother, that she unlocked the door of her apartment, and that she allowed him to come inside the apartment for a glass of water. No proof was offered as to how he gained entry into the building. The plaintiffs...

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