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LOPEZ v. NEW YORK CITY HOUSING AUTHORITY

16 A.D.3d 164 (2005)

791 N.Y.S.2d 86

VICTOR E. LOPEZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

March 8, 2005.

Plaintiff's April 2002 notice of claim set forth a theory of liability based on the condition of a smoke detector/alarm in the apartment he rented from defendant that allegedly failed to alert him to a fire. In his verified bill of particulars, in January 2003, plaintiff identified what we have enumerated as the following allegations: (1) negligence, culpable conduct, carelessness and recklessness by defendant, its agents, servants...

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