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MUONG v. 550 OCEAN AVENUE, LLC

2009-07774.

78 A.D.3d 797 (2010)

910 N.Y.S.2d 538

KUNTHEA MUONG, Appellants, v. 550 OCEAN AVENUE, LLC, et al., Respondents.

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

Decided November 9, 2010.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On May 30, 2004, the plaintiffs' decedent, Gene Hop, allegedly was attacked and robbed in an outdoor passageway on the premises of 550 Ocean Avenue, the apartment building in which he lived. Hop lost consciousness during the attack and, when he was revived, he had no memory of the...

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