Jiggets v. New York City Housing Authority

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered March 26, 1998, which granted defendant’s motion for summary judgment dismissing the complaints, unanimously reversed, on the law, without costs, the motion denied and the complaints reinstated.

The motion court erred when it dismissed the complaint based merely upon its conclusion that plaintiffs failed to demonstrate that the assailant was an intruder. To establish a prima facie case, the plaintiffs needed only to present evidence from which it could be reasonably inferred that the defendant acted negligently and that this…