Appellate Division of the Supreme Court of the State of New York December 17, 2009 (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.