Opinion
November 19, 1998
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Assuming that it was a negligent lapse of building security for defendants to permit a tenant to use his residential apartment as an office in violation of the building's certificate of occupancy, we agree with the motion court that, as a matter of law, it was not a normal or foreseeable consequence of such negligence that the tenant would employ a bookkeeper who would burglarize and assault another tenant in the building ( see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315-316).
Concur — Nardelli, J. P., Tom, Andrias and Saxe, JJ.