Henderson v. New York City Housing Authority

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about August 13, 1997, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In the first instance, defendant failed to establish a prima facie entitlement to summary judgment in its favor (Winegrad *174v New York Univ. Med. Ctr., 64 NY2d 851, 853). Moreover, the infant plaintiff testified at her deposition that her assailant, later determined not to be a tenant in the subject building where plaintiff and her family resided, had been loitering in front of the…