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TIFFANY R. v. NEW YORK CITY HOUSING AUTHORITY

35 A.D.3d 327 (2006)

825 N.Y.S.2d 363

TIFFANY R., Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided December 28, 2006.

The motion court properly exercised its discretion in granting reargument.

While plaintiff will be required to establish by a preponderance of the evidence that any failure on the part of defendant to take required security precautions proximately caused her injuries (see Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544, 550 [1998]), it cannot be concluded at this juncture, as a matter of law, that the alleged security deficiencies...

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