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BENNETT v. TWIN PARKS NORTHEAST HOUSES, INC.

93 N.Y.2d 860 (1999)

710 N.E.2d 659

688 N.Y.S.2d 94

ELMA BENNETT, Appellant, v. TWIN PARKS NORTHEAST HOUSES, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Madeline Lee Bryer, P. C., New York City (Elliot Skydel of counsel), for appellant.

Chesney & Murphy, L. L. P., Baldwin (Michelle S. Russo of counsel), for Twin Parks Northeast Houses, Inc., respondent.

Thurm & Heller, L. L. P., New York City (Stuart Diamond of counsel), for Gemini Investigations, respondent.

Robert P. Pagano, White Plains, for Samuel Granville, respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for consideration of an issue raised but not determined on the appeal to that court. It is unnecessary to answer the certified question.

The assailant who attacked plaintiff in the lobby and elevator of her apartment building remains unidentified. Plaintiff, however, has raised a triable issue of fact...

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