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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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2         No.   173
Robert Hargett, Jr.,
                     Appellant,
          v.
New York City Housing Authority,
                     Respondent.
---------------------------------
1         No.   186       SSM 8
Marisell Cortes et al.,
                     Appellants,
          v.
New York City Housing Authority,
et al.,
                     Respondents.


		No. 173:
		Brian J. Shoot, for appellant.
		Herbert Rubin, for respondent.

		SSM8:
		Submitted by Ronald P. Hart, for appellants.
		Submitted by Herbert Rubin, for respondents.


*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   * 
No. 173: Order reversed, with costs, and defendant's motion for 
summary judgment denied (see, Burgos v Aqueduct Realty Corp., 
__ NY2d __ [decided today]).  Chief Judge Kaye and Judges Bellacosa,
Smith, Levine , Ciparick and Wesley concur.

SSM8: On review of submissions pursuant to section 500.4 of the 
Rules, order reversed, with costs, and motion for summary judgment 
denied (see, Burgos v Aqueduct Realty Corp., __ NY2d __ [decided today]).  

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and 
Wesley concur.


Decided November 24, 1998