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SIMS v. NEW PROVIDENCE

294 A.D.2d 243 (2002)

741 N.Y.S.2d 866

CARLAYNE SIMS, Appellant, v. NEW PROVIDENCE et al., Respondents.

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

Decided May 23, 2002.

The complaint, which alleges that unknown persons performed laser surgery on plaintiff as she slept in defendants' premises, was properly dismissed because the attacks were never revealed to defendants and were otherwise unforeseeable (see, Mason v U.E.S.S. Leasing Corp., 96 N.Y.2d 875, 878). Plaintiff's cross motion for a default judgment was properly denied since the record contains no indication that defendants'

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