Narayanan v. City of New York

Skelos, J.,

dissents and votes to affirm the order, with the following memorandum: There are material issues of fact and outstanding discovery upon which grounds the Supreme Court properly denied the appellant’s motion for summary judgment. Accordingly, I dissent.

At approximately 1:00 a.m. on September 3, 1998 the plaintiff was sleeping in a dormitory room on the second floor of a homeless shelter in Brooklyn which was operated by the City of New York, when he allegedly was assaulted by three unidentified men. The plaintiff commenced this action to recover damages for personal injuries against…