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| | Lee v New York City Hous. Auth. (2005 NYSlipOp 08205) |
 | | The City of New York's motion for summary judgment dismissing the complaint was granted in the order on appeal. |
 | | Thus, even assuming, arguendo, the breach of a duty on the part of the Housing Authority, under the facts of this case the hole in the fence that allowed the ball to leave the playing field and enter the roadway was not a proximate cause of plaintiff's injuries. |
 | | Accordingly, the order of the Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about December 13, 2004, to the extent it denied the New York City Housing Authority's motion for summary judgment dismissing the complaint as against it, should be reversed, on the law, without costs or disbursements, and the motion granted. |
| www.courts.state.ny.us /reporter/3dseries/2005/2005_08205.htm (2563 words) |
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