Bennett v. Twin Parks Northeast Houses, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for consideration of an issue raised but not determined on the appeal to that court. It is unnecessary to answer the certified question.
The assailant who attacked plaintiff in the lobby and elevator of her apartment building remains unidentified. Plaintiff, however, has raised a triable issue of fact regarding whether it was “more likely or more reasonable than not that the assailant was an intruder who gained access to the premises through a…
2Cases cited1 opinion
- Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
3Cited by9 opinions
- Venetal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Muong v. 550 Ocean Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Cesar Ivan A. v. Lolita Child Day CareAppellate Division of the Supreme Court of the State of New York · 2012
- Reynolds v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
- Bennett v. Twin Parks Northeast Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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