MKRTCHYAN v. 61ST WOODSIDE ASSOCS.


209 A.D.2d 490 (1994)

618 N.Y.S.2d 825

Ripsime Mkrtchyan, an Infant, by Her Father and Natural Guardian, Mkrtick Mkrtchyan, et al., Respondents, v. 61st Woodside Associates et al., Appellants. (And a Third-Party Action.)

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

November 14, 1994


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.

The infant plaintiff was the victim of a sexual assault in the apartment building owned by the defendants. At the time of the incident, the infant plaintiff resided in an apartment in the building with her parents.

At her deposition, the infant plaintiff stated that, on the day of the assault, she first saw the assailant in...

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