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URICH v. 765 RIVERSIDE LLC

155157/12E.

125 A.D.3d 430 (2015)

998 N.Y.S.2d 889

CLAIRE URICH, Respondent, v. 765 RIVERSIDE LLC et al., Appellants. (And a Third-Party Action.)

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

Decided February 3, 2015.

In opposition to defendants' prima facie showing that the locks on the entrances to the building were working on the date of the criminal attack on plaintiff, plaintiff raised an issue of fact as to whether her assailant gained entry through a side entrance (see Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544 [1998]). She submitted tenants' affidavits saying that there was a recurring problem...

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