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Millan v. New York City Housing Authority

249 A.D.2d 16 Court N.Y. App. Div. Decision date 1998-04-02 English

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p. 16
Oswald Millan, an Infant, by His Mother and Natural Guardian, Emily Conde, et al., Respondents, v New York City Housing Authority, Appellant.
[671 NYS2d 222]

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about May 27, 1997, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court properly denied the motion in light of issues of fact concerning defendant’s notice of the danger and the foreseeability of the accident. We have reviewed defendant’s related contentions and find that they lack merit. Concur— Sullivan, J. P., Rosenberger, Rubin and Tom, JJ.