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LANIOX v. CITY OF NEW YORK

7996, 306867/11.

170 A.D.3d 519 (2019)

96 N.Y.S.3d 202

2019 NY Slip Op 02026

Evelyn Laniox, Respondent, v. City of New York, Defendant, and New York City Housing Authority, Appellant.

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

Decided March 19, 2019.

NYCHA met its prima facie burden by demonstrating that plaintiff failed to raise an issue of fact as to whether the assailant was an intruder, as opposed to a tenant or invitee lawfully on the premises (see Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544 [1998]; Smith v New York City Hous. Auth., 130 A.D.3d 427 [1st Dept 2015]). In support of its motion, NYCHA submitted plaintiff's deposition...

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