CLOTTER v. NEW YORK CITY HOUS. AUTH.

10909, 304009/13.

179 A.D.3d 607 (2020)

117 N.Y.S.3d 226

2020 NY Slip Op 00554

Gregorio Clotter, Appellant, v. New York City Housing Authority, Respondent.

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

Decided January 28, 2020.


NYCHA failed to eliminate an issue of fact as to whether it was "`more likely or more reasonable than not'" that the man who shot plaintiff in the leg in front of his apartment door was an intruder "`who gained access to the premises through a negligently maintained entrance'" (Torres v New York City Hous. Auth., 93 N.Y.2d 828, 830 [1999], quoting Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544

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