Worthy v. New York City Housing Authority

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered February 2, 2004, denying the motion by defendants United Rehabilitation, Zuckerman and Tiretta for summary judgment dismissing the complaint, modified, on the law, to grant the motion and dismiss the complaint as against Zuckerman and Tiretta, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.

Sufficient facts presented in opposition established a question of fact as to whether the movants had constructive notice that a child under age seven resided in the apartment (see Juarez v Wavecrest…