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GORDON v. PHIPPS HOUSES SERVS., INC.

246 A.D.2d 427 (1998)

666 N.Y.S.2d 921

Lindsay Gordon, by Her Mother and Natural Guardian, Francine Gordon, et al., Respondents, v. Phipps Houses Services, Inc., Appellant and Third-Party Plaintiff-Appellant, et al., Defendant. Royal Insurance Company of America, Third-Party Defendant

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

January 20, 1998

We find that the affidavits submitted by two of defendant-appellant's employees, which attest to the individual defendant's unusual behavior, including sexually inappropriate behavior towards minors, raise an issue of fact as to whether defendant landlord knew or should have known that the individual defendant had a propensity to commit predatory sexual acts against children (see, Vanderhule v Berinstein, 285...

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