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LANIOX v. CITY OF NEW YORK

No. 116 SSM 18.

34 N.Y.3d 994 (2019)

137 N.E.3d 499

114 N.Y.S.3d 44

2019 NY Slip Op 08448

EVELYN LANIOX, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Respondent.

Court of Appeals of New York.

Decided November 21, 2019.

Attorney(s) appearing for the Case

De Vivo & Company, P.C., New York City ( Edward C. De Vivo of counsel), and Popkin & Popkin, L.L.P., New York City ( Eric F. Popkin of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York City ( Patrick J. Lawless of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed, with costs. On this record, the New York City Housing Authority met its initial burden of demonstrating that no material triable issues of fact exist through its showing that plaintiff's assailant was likely not an intruder. In response, plaintiff failed to adduce any admissible evidence from which a jury could conclude, without engaging in speculation, that her assailant was...

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