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JIGGETS v. NEW YORK CITY HOUSING AUTHORITY

263 A.D.2d 426 (1999)

693 N.Y.S.2d 601

NICOLE JIGGETS et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent. TAMMY JONES, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided July 29, 1999.

The motion court erred when it dismissed the complaint based merely upon its conclusion that plaintiffs failed to demonstrate that the assailant was an intruder. To establish a prima facie case, the plaintiffs needed only to present evidence from which it could be reasonably inferred that the defendant acted negligently and that this negligence was the cause of their injuries (see, Brito v Manhattan & Bronx Surface Tr. Operating Auth., 188 A.D...

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