NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 17, 2009
CHRISHEMA CLARKE, AN INFANT UNDER THE AGE OF FOURTEEN YEARS, BY HER MOTHER AND NATURAL GUARDIAN, TERRI THOMPSON-GOMILLION, ETC., ET AL., PLAINTIFFS-RESPONDENTS,
THE CITY OF NEW YORK, ET AL., DEFENDANTS,
THE NEW YORK CITY HOUSING AUTHORITY, DEFENDANT-APPELLANT.
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered February 24, 2009, which denied defendant New York City Housing Authority's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Andrias, Saxe, McGuire, Manzanet-Daniels, JJ.
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 NY2d 544, 550-551 ; Miller v State of New York, 62 NY2d 506, 508-509 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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