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HENDERSON v. NEW YORK CITY HOUS. AUTH.

248 A.D.2d 173 (1998)

669 N.Y.S.2d 814

Nichole Henderson, an Infant, by Her Mother and Natural Guardian, Lois Henderson, et al., Respondents, v. New York City Housing Authority, Appellant

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

March 10, 1998

In the first instance, defendant failed to establish a prima facie entitlement to summary judgment in its favor (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). Moreover, the infant plaintiff testified at her deposition that her assailant, later determined not to be a tenant in the subject building where plaintiff and her family resided, had been loitering in front of the building...

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