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TRACEY MORGAN et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant, et al., Defendant.

Ordered that the order is affirmed, with costs.

The jury verdict that the appellant was vicariously liable for the negligence of the defendant Harrington was based upon both legally sufficient evidence and a fair interpretation of the evidence and should be sustained ( see, Nicastro v. Park, 113 A.D.2d 129). The appellant's remaining contentions are either unpreserved for appellate review or improperly raised for the first time in the appellant's reply brief ( see, Matter of American Cyanamid Co. [Lederle Labs] v. Board of Assessors, 243 A.D.2d 630).

O'Brien, J. P., Joy, Friedmann and Goldstein, JJ., concur.

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MORGAN v. NEW YORK CITY HOUSING AUTHORITY
(Nov 30, 1998)