From Casetext: Smarter Legal Research

Grignoli v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1993
196 A.D.2d 525 (N.Y. App. Div. 1993)

Opinion

August 9, 1993

Appeal from the Supreme Court, Kings County (Hutcherson, J.).


Ordered that the order is affirmed, with costs.

The plaintiff, Michael Grignoli, an employee of United Parcel Service, was assaulted and robbed while making a delivery in an apartment house located in a housing project owned by the defendant New York City Housing Authority. The project is located in the Bushwick section of Brooklyn. In seeking to recover damages for personal injuries, the plaintiffs allege that an inoperable lock on the front door to the building permitted the unidentified assailant to gain access. The plaintiffs assert the defendant's negligent failure to repair the lock was a proximate cause of the occurrence.

In their response to the defendant's motion for summary judgment, the plaintiffs submitted a one page statistical summary entitled "Housing Police Statistics * * * Bushwick". This summary was unexplained by affidavit or otherwise and is patently insufficient to raise a triable question of whether the defendant had such notice of prior criminal activity so as to make the instant occurrence foreseeable (cf., Jacqueline S. v City of New York, 81 N.Y.2d 288). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint (see, Harris v New York City Hous. Auth., 194 A.D.2d 714; Gleason v 75-10 Blvd. Owners' Corp., 193 A.D.2d 715).

In addition, we would note that the plaintiffs did not raise an issue of fact as to proximate cause. Hence, this would also require the granting of summary judgment to the defendant (see, Hendricks v Kempler, 156 A.D.2d 425). Sullivan, J.P., Balletta, Ritter and Pizzuto, JJ., concur.


Summaries of

Grignoli v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1993
196 A.D.2d 525 (N.Y. App. Div. 1993)
Case details for

Grignoli v. New York City Housing Authority

Case Details

Full title:MICHAEL GRIGNOLI et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Aug 9, 1993

Citations

196 A.D.2d 525 (N.Y. App. Div. 1993)
601 N.Y.S.2d 167

Citing Cases

Venetal v. City of New York

The crime statistics relied on by the plaintiff were produced by the defendant in pre-trial disclosure and…

Shinn v. Lefrak Organization, Inc.

On the record before us, the plaintiff has presented no factual support for her contention that the assailant…