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WILLIAMS v. NEW YORK CITY HOUSING AUTHORITY

56 A.D.3d 361 (2008)

867 N.Y.S.2d 442

AMANDA WILLIAMS, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, et al., Defendant.

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

Decided November 20, 2008.

Plaintiff was shot while she was talking to a friend on the grounds of the housing complex where she lived. Dismissal of the complaint was appropriate where, under the circumstances presented, defendant had no opportunity to control the conduct of the perpetrators (see Hairston v New York City Hous. Auth., 238 A.D.2d 474 [1997], lv denied 91 N.Y.2d 802 [1997]). Furthermore, inasmuch as the shooting occurred in the outdoor...

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