Naranjo v. New York City Housing Authority

Full title: MIGUEL NARANJO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant

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

Date published: Feb 10, 1998

247 A.D.2d 246 (N.Y. App. Div. 1998)

668 N.Y.S.2d 366

Opinion

Decided February 10, 1998

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).

We agree with the IAS Court that an issue of fact as to whether plaintiff's assailants were intruders in the senior citizens residence where plaintiff was visiting his mother is raised by the affidavit of an eyewitness, who stated that the assailants, who were not senior citizens and were loitering in front of the building when she and plaintiff arrived, followed plaintiff into the lobby through a door with a broken lock (compare, Burgos v. Aqueduct Realty Corp., 245 A.D.2d 221 [plaintiff could only speculate as to the means of entry]).

Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.