Barksdale v. New York City Housing Authority

Given the disclosure yet to be conducted in this wrongful death action arising from the fatal injuries sustained by the decedent during the course of a robbery in her apartment in a housing project owned and operated by defendant, assertions that the perpetrators gained entry to the decedent’s apartment building through the lobby doors, the locks of which were allowed to remain inoperative for a long time, are sufficient to preclude summary judgment at this juncture (see, Jacqueline S. v City of New York, 81 NY2d 288, 295). Especially where the alleged perpetrators have yet to be prosecuted,…