Opinion
No. 2000.
January 19, 2010.
Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered December 30, 2008, which, in an action for personal injuries sustained in a rape allegedly caused by inadequate building security, denied defendant landlord's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Steven Weissman, New York, for appellant.
Pena Kahn, PLLC, Bronx (Diane Welch Bando of counsel), for respondent.
Before: Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.
An issue of fact as to the foreseeability of the rape is raised by the printouts of police reports and complaints submitted by plaintiff tending to show prior violent criminal activity in or near the subject building, including attacks, as well as prior drug arrests in front of the building, and by plaintiffs testimony that she and other tenants regularly complained to the superintendent about criminal activity and loiterers in the building ( see Jacqueline S. v City of New York, 81 NY2d 288, 295; Rivera v. 1652 Popham Assoc. LLC, 31 AD3d 297, 298; Wayburn v. Madison Land Ltd. Partnership, 282 AD2d 301, 303-304). We have considered defendant's other arguments and find them unavailing. We note the absence of argument by defendant on the issue of causation.