Plaintiff alleges that she was assaulted from behind as she opened the door of her third floor apartment, and that prior to the assault she had heard someone descending the nearby staircase from above. There was also evidence that the lock on the front door to the building was broken. In denying defendants' motion for summary judgment, the IAS Court found that the uncontroverted evidence of the broken lock and defendants' failure to secure the door at the time of the incident...
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