TORRES v. NEW YORK CITY HOUSING AUTHORITY

MEMORANDUM:

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment denied.

Although plaintiff's assailants in this premises security case remain unidentified, plaintiff has raised a triable issue of fact as to whether it was "more likely or more reasonable than not" that the assailants were intruders "who gained access to the premises through a negligently maintained entrance" (Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 548).

On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and defendant's motion for summary judgment denied, in a memorandum.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.