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RIVERA v. 760-770 EAST TREMONT AVENUE HOUSING DEVELOPMENT FUND CORP.

21 A.D.3d 321 (2005)

800 N.Y.S.2d 389

CHRISTINA MARIE RIVERA et al., Respondents, v. 760-770 EAST TREMONT AVENUE HOUSING DEVELOPMENT FUND CORP. et al., Appellants, and WOMEN IN NEED, INC., Respondent, et al., Defendant.

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

August 25, 2005.

While the infant plaintiff and her mother resided at a homeless shelter operated by defendant Women In Need, Inc. (WIN), the infant plaintiff allegedly was abused at the shelter by nonappearing defendant Castro, another shelter resident who was a friend of the mother and sometimes babysat for her. On this record, we see no basis for imposing liability on defendant Tremont, the owner of the premises occupied by the shelter, or on defendant Phipps, the owner's managing agent...

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