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CLARKE v. CITY OF NEW YORK

1801, 109350/06

68 A.D.3d 579 (2009)

2009 NY Slip Op 9398

889 N.Y.S.2d 847

CHRISHEMA CLARKE, an Infant, by Her Mother and Natural Guardian, TERRI THOMPSON-GOMILLION, et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided December 17, 2009.

Factual issues whether the infant plaintiff's assailant was an intruder who entered the building through a negligently maintained door or possessed a key to the building or was an invited guest of building residents preclude summary judgment (see Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544, 550-551 [1998]; Miller v State of New York, 62 N.Y.2d 506, 508...

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