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SAMOYA W. v. 3940 CARPENTER AVE., LLC

Index No. 350433/12. Appeal No. 12240. Case No. 2019-03477.

187 A.D.3d 678 (2020)

131 N.Y.S.3d 550

2020 NY Slip Op 06218

Samoya W. et al., Respondents, v. 3940 Carpenter Avenue, LLC., et al., Appellants, et al., Defendant.

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

Decided October 29, 2020.

The record presents no issues of fact as to whether Carpenter, the owner of the building in which the infant plaintiff resided when she was sexually molested by defendant Perez, the building superintendent at the time, or SG2, the former manager of the building, can be held liable for negligently hiring Perez. As of the relevant date, SG2 had been replaced as building manager and no longer employed Perez, and Carpenter never employed...

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