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RODRIGUEZ v. OAK POINT MGT.

205 A.D.2d 224 (1994)

Damion Rodriguez, an Infant, by His Mother and Natural Guardian, Saverina Galvan et al., Respondents, v. Oak Point Management, Inc., Appellant, et al., Defendants

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

November 15, 1994

Attorney(s) appearing for the Case

Jonathan R. Walsh of counsel (William K. Capshaw, attorney), for appellant.

James P. McCall of counsel (Joseph T. Mullen, Jr., attorney), for respondents.

CARRO and WILLIAMS, JJ., concur with TOM, J.; SULLIVAN, J. P., and NARDELLI, J., dissent in a separate opinion by NARDELLI, J.

TOM, J.

This is a personal injury action arising out of a shooting outside a residential building which is alleged to be the site of extensive illegal drug activities.

Plaintiff Damion Rodriguez, an infant of the age of 14 at all times relevant herein, was attending his cousin's birthday party on June 16, 1990 at his aunt's apartment, which is located in the building designated as 515 West 170th Street...

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