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RODRIGUEZ v. NYCHA

211 A.D.2d 328 (1995)

Daniel Rodriguez, Respondent, v. New York City Housing Authority, Appellant

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

June 15, 1995

Attorney(s) appearing for the Case

George T. Delaney of counsel (Edward P. Dunphy on the brief; Thomas A. Stickel, attorney), for respondent.

Bevan M. Watt of counsel (Thomas J. Mulligan and Mark A. Slama on the brief; Windels, Marx, Davies & Ives, attorneys), for appellant.

ELLERIN and KUPFERMAN, JJ., concur with TOM, J.; MURPHY, P. J., and WILLIAMS, J., dissent in a separate opinion by MURPHY, P. J.

TOM, J.

This is a personal injury action in which plaintiff Daniel Rodriguez alleges that on the night of March 4, 1990, he was severely beaten and robbed by multiple, unidentified perpetrators in an open-air parking lot (the Parking Lot) owned and operated by defendant New York City Housing Authority (the Housing Authority).

After commencement of this negligence action, defendant moved for summary judgment...

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