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ESTEVES v. CITY OF NEW YORK

44 A.D.3d 538 (2007)

844 N.Y.S.2d 33

JOHN ESTEVES, Respondent, v. CITY OF NEW YORK, Defendant, NEW YORK CITY HOUSING AUTHORITY, Appellant, and STONEWALL CONTRACTING CORPORATION, Respondent. NEW YORK CITY HOUSING AUTHORITY, Third-Party Plaintiff-Appellant, v. STONEWALL CONTRACTING CORPORATION, Third-Party Defendant-Respondent. (And Other Actions.)

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

Decided October 25, 2007.

Plaintiff's deposition testimony raises a triable issue of fact as to whether his assailant was an intruder who had gained entry to the building through an inadequately secured entrance (see Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544 [1998]). Plaintiff testified that he did not recognize his assailant, who made no effort to conceal his identity, was described by plaintiff in fair detail, and told plaintiff that he was looking...

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