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JOHNSON v. CITY OF NEW YORK

208 A.D.2d 595 (1994)

617 N.Y.S.2d 200

Audrey Johnson, as Administratrix of The Estate of Betram McQuay, Deceased, Appellant, v. City of New York, Respondent

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

October 11, 1994

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

The plaintiff's 12-year-old son Bertram was fatally stabbed and her 10-year-old daughter Sophia was injured by an intruder who entered their apartment through a dumbwaiter. The intruder, Albert Lang, had converted a portion of the basement of the apartment building into his living quarters and was considered a trespasser...

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