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MATTER OF VEGA v. NEW YORK CITY HOUSING AUTHORITY

52 A.D.3d 294 (2008)

859 N.Y.S.2d 438

In the Matter of GEVALIA VEGA, an Infant, by Her Father and Natural Guardian, RAYMOND VEGA, et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided June 10, 2008.

Defendant met its prima facie burden of establishing lack of notice that a child under seven years of age resided in the subject apartment (see Juarez v Wavecrest Mgt. Team, 88 N.Y.2d 628, 646 [1996]; Worthy v New York City Hous. Auth., 18 A.D.3d 352 [2005]). The record shows that plaintiff Raymond Vega's mother was the lawful occupant of the apartment and the income affidavits and window...

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