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
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