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RAMON TORRES, APPELLANT, v. NEW YORK CITY HOUSING AUTHORITY, RESPONDENT.

93 N.Y.2d 828, 710 N.E.2d 264, 687 N.Y.S.2d 618 (1999).
February 16, 1999

1 No. 6 SSM 15

[99 NY Int. 0014]
Decided February 16, 1999


This opinion is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Anthony Ferrandino, for appellant.
Submitted by Herbert Rubin, for respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment denied.

Although plaintiff's assailants in this premisessecurity case remain unidentified, plaintiff has raised a triable issue of fact as to whether it was "more likely or more reasonable than not" that the assailants were intruders "who gained access to the premises through a negligently maintained entrance" ( Burgos v Aqueduct Realty Corp., __ NY2d __).

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On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and defendant's motion for summary judgment denied, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Decided February 16, 1999