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PEREZ v. NEW YORK CITY HOUSING AUTHORITY

294 A.D.2d 279 (2002)

742 N.Y.S.2d 289

ADALGISA PEREZ et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided May 28, 2002.

Evidence that the building's front door did not have any functioning locks and that the daytime assault on plaintiff was committed by an unmasked assailant fairly permitted an inference that the assault was not committed by a tenant or invitee but by an intruder who gained access to the building through a negligently maintained entrance (see, Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544, 551). Defendant's application to preclude...

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