Bonano v. XYZ Corp.

Full title: LUZ BONANO, Appellant, v. XYZ CORP., Respondent, et al., and Defendant

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

Date published: May 20, 1999

261 A.D.2d 280 (N.Y. App. Div. 1999)

690 N.Y.S.2d 270

Opinion

May 20, 1999

Appeal from the order, Supreme Court, New York County (Paula Omansky, J.).

The action was properly dismissed as against the landlord. Evidence tending to show the landlord's awareness of possible harassment of plaintiff by the other tenant did not tend to show its awareness of the other tenant's alleged violent propensities and there was otherwise no showing that the assault was foreseeable ( see, Firpi v. New York City Hous. Auth., 175 A.D.2d 858, 859, lv denied 78 N.Y.2d 864; Gill v. New York City Hous. Auth., 130 A.D.2d 256, 260; cf., Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 550-551).

Concur — Sullivan, J. P., Williams, Rubin, Andrias and Friedman, JJ.