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THOMAS v. CITY OF NEW YORK

214 A.D.2d 724 (1995)

625 N.Y.S.2d 630

Lucy A. Thomas, Individually and as Administratrix of The Estate of John Thomas, Deceased, Appellant, v. City of New York et al., Respondents. (And a Third-Party Action.)

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

April 24, 1995

Ordered that the order is affirmed, with costs.

During the early morning hours of January 31, 1989, an intruder entered a storage yard leased by the defendant Board of Education of the City of New York. The intruder shot and killed John Thomas, the night watchman. The plaintiff Lucy Ann Thomas subsequently commenced this wrongful death action, alleging that the defendants had negligently failed to secure the yard from intruders, and to take proper precautions to ensure...

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