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Williams v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 2008
56 A.D.3d 361 (N.Y. App. Div. 2008)

Opinion

No. 4637.

November 20, 2008.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered September 7, 2007, which granted defendant's motion Pursuant to CPLR 3211 (a) (7) to dismiss THE complaint, unanimously affirmed, without costs.

Scott Baron Associates, P.C., Howard Beach (Andrea R. Palmer of counsel), for appellant.

Lester Schwab Katz Dwyer, LLP, New York (John Sandercock of counsel), for respondent.

Tom, J.P., Saxe, Sweeny, Catterson and DeGrasse, JJ.


Plaintiff was shot while she was talking to a friend on the grounds of the housing complex where she lived. Dismissal of the complaint was appropriate where, under the circumstances presented, defendant had no opportunity to control the conduct of the perpetrators ( see Hairston v New York City Hous. Auth., 238 AD2d 474, lv denied 91 NY2d 802). Furthermore, inasmuch as the shooting occurred in the outdoor common area of the housing complex, defendant did not owe a duty to protect plaintiff ( see Daly v City of New York, 227 AD2d 432, lv denied 89 NY2d 803; Concepcion v New York City Hous. Auth., 207 AD2d 857).

We have considered plaintiffs remaining arguments, including that the poor lighting conditions in the area where she was shot was the proximate cause of her injuries, and find them unavailing.


Summaries of

Williams v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 2008
56 A.D.3d 361 (N.Y. App. Div. 2008)
Case details for

Williams v. New York City Housing Authority

Case Details

Full title:AMANDA WILLIAMS, Appellant, v. NEW YORK CITY HOUSING AUTHORITY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 20, 2008

Citations

56 A.D.3d 361 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9187
867 N.Y.S.2d 442

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