JACKSON-OTT v. MACK


30 A.D.3d 1025 (2006)

817 N.Y.S.2d 473

DAWN JACKSON-OTT, Individually and as Parent and Natural Guardian of B.O., an Infant, Respondent, v. HERBERT MACK, Appellant.

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

June 9, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action, individually and on behalf of her daughter, seeking damages for injuries she and her daughter sustained when they were assaulted by a fellow tenant in the apartment building owned by defendant in which they resided. Supreme Court properly denied defendant's motion for summary judgment dismissing the...

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