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OSORIO v. CITY OF NEW YORK

44 A.D.3d 553 (2007)

843 N.Y.S.2d 853

BRITTANY OSORIO, an Infant, by Her Mother and Natural Guardian, KIM OSORIO et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided October 25, 2007.

Defendant made a prima facie case of entitlement to summary judgment by establishing that it had no notice of prior sexual assaults at the subject pool before the alleged sexual assaults were perpetrated upon infant plaintiffs, and that the assaults were not foreseeable (see Maheshwari v City of New York, 2 N.Y.3d 288 [2004]). Defendant also demonstrated that it took reasonable measures to oversee the pool activities and maintain...

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