SMITH v. NEW YORK CITY HOUSING AUTHORITY


261 A.D.2d 390 (1999)

689 N.Y.S.2d 237

TARIA SMITH et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided May 3, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Taria Smith was sexually assaulted in a vacant apartment owned by the defendant, New York City Housing Authority. She was a visitor at the building attending a party on the fourth floor along with a substantial number of other persons, including at least one of her assailants. She commenced this action against the defendant for allegedly...

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