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MONMASTERIO v. NEW YORK CITY HOUSING AUTHORITY

39 A.D.3d 354 (2007)

833 N.Y.S.2d 498

JORGE MONMASTERIO, an Infant, by ELAINE MONMASTERIO, et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided April 19, 2007.

Plaintiffs' notice of claim states, in pertinent part, that: "The claim arose on September 17, 2004 at approximately 11:00 P.M. at or about 1730 Watson Avenue, Bronx, New York and a parking lot and dumpster located thereat; in that infant claimant while lawfully walking in the vicinity of said dumpster was accosted, beaten, assaulted and robbed by unknown assailants who had hidden about said dumpster. That the aforesaid occurred as a result of the negligence of [defendant...

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