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JOHNSON v. CITY OF NEW YORK

159 Misc.2d 174 (1993)

603 N.Y.S.2d 705

Andre Johnson et al., as Parents and Natural Guardians of Andrea Johnson, an Infant, Plaintiffs, v. City of New York, by Its Commissioner of Housing Preservation and Development, as Receiver of the Property Known as No. 521 West 180th Street, New York, New York, et al., Defendants.

Supreme Court, New York County.

September 30, 1993

Attorney(s) appearing for the Case

Robert J. DeBoissiere, Staten Island, for plaintiffs. Victor A. Kovner, Corporation Counsel of New York City (Michael Feit of counsel), for City of New York, defendant.

NORMAN C. RYP, J.

A. ISSUE

Can an active New York City realty receiver manage to lateral the negligence ball to a missing owner to avoid a jury's liability touchdown? In or out of bounds for this unprecedented pass strategy?

The court must determine for the first time whether the City of New York, sued with its owner, as a receiver of real property is exempt from any personal injury liability...

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