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WORTHY v. NEW YORK CITY HOUSING AUTHORITY

21 A.D.3d 284 (2005)

799 N.Y.S.2d 518

DANTE WORTHY et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, and UNITED REHABILITATION CORP. et al., Appellants, et al., Defendants.

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

August 18, 2005.

Sufficient facts presented in opposition established a question of fact as to whether the movants had constructive notice that a child under age seven resided in the apartment (see Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628 [1996]). However, the motion court improperly held that liability may be imposed on defendant Zuckerman, who, while the president and sole shareholder of the corporate owner of the building, was acting in his...

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