HARRIS v. CITY OF NEW YORK


40 A.D.3d 701 (2007)

836 N.Y.S.2d 226

KOIWOIBAH HARRIS et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided May 8, 2007.


Ordered that the order is affirmed, with costs.

In November 2002 one of the plaintiffs was assaulted and raped by five men in a wooded area and in an unlocked bathroom at Lincoln Terrace Park in Brooklyn. Her nephew, the infant plaintiff, was also assaulted. In their complaint, the plaintiffs alleged that the defendant, City of New York, was negligent because the bathroom, where a portion of the attacks occurred, was unlocked...

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