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Cardena v. Alexander Wolfe Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 2, 2000
272 A.D.2d 67 (N.Y. App. Div. 2000)

Opinion

May 2, 2000.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about November 12, 1999, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

William D. Fireman, for Plaintiffs-Respondents.

Steve S. Efron, for Defendants-Appellants.

MAZZARELLI, J.P., ELLERIN, LERNER, ANDRIAS, FRIEDMAN, JJ.


In this action to recover damages for negligence in connection with a criminal attack upon plaintiffs in a building owned and managed by defendants, the motion court correctly determined that defendant failed to meet their burden and sufficient evidence was presented to establish a factual question as to the foreseeability of criminal conduct in the building and as to the existence of a causal link between the lack of building security, notably an unsecured front door, and the attack on plaintiffs (see, Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 548;Carmen P. v. PSS Realty Corp., 259 A.D.2d 386, 387).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Cardena v. Alexander Wolfe Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 2, 2000
272 A.D.2d 67 (N.Y. App. Div. 2000)
Case details for

Cardena v. Alexander Wolfe Company, Inc.

Case Details

Full title:JUAN CARDENA, et al., Plaintiffs-Respondents, v. ALEXANDER WOLFE COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 2, 2000

Citations

272 A.D.2d 67 (N.Y. App. Div. 2000)
707 N.Y.S.2d 316

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