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ORTIZ v. NEW YORK CITY HOUSING AUTHORITY

4733, 13870/06.

85 A.D.3d 573 (2011)

925 N.Y.S.2d 481

2011 NY Slip Op 5347

AARYANA ORTIZ, an Infant, by her Mother and Natural Guardian MAITE RODRIGUEZ, et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided June 21, 2011.

Defendant's motion for summary judgment was properly denied. Infant plaintiff sustained injuries when, while riding her scooter on a walkway, she was struck by an unsecured gate on which another child was swinging. The gate was part of a fence that bordered the walkway that led to and from the entrance of defendant's building.

The record presents triable issues of fact as to whether defendant, which owed a duty of care to...

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