Clarke v. City of New York

Factual issues whether the infant plaintiffs assailant was an intruder who entered the building through a negligently maintained door or possessed a key to the building or was an invited guest of building residents preclude summary judgment (see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 550-551 [1998]; Miller v State of New York, 62 NY2d 506, 508-509 [1984]). Concur — Tom, J.P., Andrias, Saxe, McGuire and Manzanet-Daniels, JJ.