DELEON v. GLOVEBOX REALTY CORP.


258 A.D.2d 366 (1999)

685 N.Y.S.2d 68

ALBANIA DELEON, Respondent, v. GLOVEBOX REALTY CORP., Appellant.

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

Decided February 18, 1999.


Plaintiff's submission of an affidavit from an individual stating that he and the perpetrator entered the building through the front door, which had a broken lock, that they then went to the roof where the perpetrator picked up the heavy, flat stone that had been propping open the roof door and threw it over the roof to the ground below, and that they ran away when they realized the stone had hit someone, was sufficient to raise a triable issue of fact as to whether the perpetrator...

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