Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed in its entirety.
At approximately 1:00 A.M. on September 3, 1998 the plaintiff was sleeping in a dormitory room on the second floor of a homeless shelter in Brooklyn which was operated by the City of New York when he allegedly was assaulted by three unidentified men. At the time, the appellant was retained by the City to provide...
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