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RIVERA v. 1652 POPHAM ASSOCIATES, LLC

31 A.D.3d 297 (2006)

818 N.Y.S.2d 505

KATHERINE RIVERA, an Infant, by Her Mother and Natural Guardian, LIZ MONTANEZ, et al., Respondents, v. 1652 POPHAM ASSOCIATES, LLC, et al., Appellants.

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

July 13, 2006.

Issues of fact as to the foreseeability of the alleged rape committed against plaintiff mother in her apartment in the presence of plaintiff daughter are raised by evidence of, inter alia, pervasive drug dealing and frequent other criminal activity in the building serious enough to warrant regular police vertical patrols of the building, a neighbor's report to the building superintendent, a month before the attack, that she had...

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