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S. v. CITY OF NEW YORK

228 A.D.2d 393 (1996)

644 N.Y.S.2d 727

Jacqueline S. et al., Plaintiffs, v. City of New York et al., Defendants. (Action No. 1.) Jacqueline S. et al., Appellants, v. New York City Housing Authority et al., Respondents. (Action No. 2.) (And a Third-Party Action.)

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

June 27, 1996

Plaintiffs commenced the first action, sounding in negligence, for damages resulting from an assault upon the infant on the roof of the Housing Authority building in which plaintiffs resided. This Court granted the Housing Authority summary judgment dismissing the first action, in part on the basis of an affidavit by the individual defendant, a Housing Authority employee, indicating that there had been a referendum at which the...

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