Villa v. New York City Housing Authority
New York Supreme Court, Appellate Division
107 A.D.2d 619, 484 N.Y.S.2d 4 (1985)
- Written by Steven Pacht, JD
Facts
Josette Villa (plaintiff) sued her landlord, the New York City Housing Authority (authority) (defendant), for negligence after Villa’s infant child fell out the window of Villa’s apartment. Pursuant to Civil Practice Law and Rules (CPLR) § 3123, Villa served the authority with an 18-item notice to admit regarding, among other things, the authority’s ownership and control of Villa’s apartment, the authority’s obligation to provide window guards in Villa’s apartment, Villa’s status as a tenant, the authority’s compliance with New York City law, and Villa’s compliance with her requirement to submit a presuit notice of claim. Villa’s notice to admit crossed in the mail with the authority’s answer to Villa’s complaint. Among other things, the authority’s answer denied that the authority had a vested ownership of Villa’s apartment and was equivocal regarding whether Villa was a tenant and whether the authority knew that Villa was a tenant. The supreme court ordered the authority to respond to at least some of Villa’s requests to admit. The authority appealed.
Rule of Law
Issue
Holding and Reasoning ()
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