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BASS v. CITY OF NEW YORK

38 A.D.2d 407 (1972)

Carl Bass, as Administrator of The Estate of Lourdes R. Bass, Deceased, Respondent, v. City of New York, Defendant, and New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 3, 1972.

Attorney(s) appearing for the Case

Francis P. Cunnion (John Nielsen of counsel), for appellant.

Goldfarb & Greenberg (Martin S. Rothman of counsel), for respondent.

HOPKINS, MARTUSCELLO and LATHAM, JJ., concur with RABIN, P. J.; GULOTTA, J., dissents and votes to modify the judgment by reducing the amounts of the recovery awarded to plaintiff and to affirm the judgment as so modified, with an opinion.

RABIN, P. J.

On this appeal in an action by an administrator to recover damages for the wrongful death of his intestate (his daughter) and for her conscious pain and suffering, the issue to be determined is whether the appellant, the New York City Housing Authority, is liable in negligence for the injuries and tragic death of the intestate resulting from a rape and homicide. This issue was determined adversely...

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