CARMEN P. v. PS&S REALTY CORP.


259 A.D.2d 386 (1999)

687 N.Y.S.2d 96

CARMEN P., an Infant, by Her Mother and Natural Guardian, MARIA P., et al., Appellants, v. PS&S REALTY CORP., Respondent.

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

Decided March 23, 1999.


On the afternoon of May 27, 1992, plaintiff Carmen P., who was then 14 years old, was raped by an unknown assailant who forced his way into her apartment. Plaintiff was alone in the apartment when the doorbell rang. She looked through the peephole and thought she recognized the man as a UPS delivery man, so she opened the door. The man was actually a stranger who forcibly assaulted her.

The small apartment building where plaintiff lived with her mother had a significant...

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