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ROLDAN v. NEW YORK CITY HOUS. AUTH.

8857, 159722/13.

171 A.D.3d 418 (2019)

97 N.Y.S.3d 122

2019 NY Slip Op 02462

Jose Roldan, Respondent, v. New York City Housing Authority, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant/Third-Party Defendant.

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

Decided April 2, 2019.

Dismissal of the complaint as against NYCHA is warranted in this action where plaintiff alleges that he was injured when, while visiting his wife in NYCHA's building, he was shot by defendant Lawrence, who was able to enter the building because of a broken lock on the building's front door. The record establishes that NYCHA lacked notice of a broken lock inasmuch as NYCHA submitted evidence showing that although the front door lock had been repaired a number of times in the...

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