Opinion
2343.
December 2, 2003.
Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about July 30, 2002, which, upon reargument, adhered to the prior order of the same court and Justice, granting defendants' motion and cross motion for summary judgment dismissing the complaint, and denied that branch of plaintiff's motion seeking to renew its opposition to defendants' summary judgment motions, unanimously affirmed, without costs.
Robert L. Greener, for Plaintiff-Appellant.
Louis G. Adolfsen, for Defendants-Respondents.
Brendan T. Fitzpatrick, for Third-Party Plaintiffs-Respondents.
Louis G. Adolfsen, Brendan T. Fitzpatrick, Dawn C. DeSimone, for Third-Party Defendants-Respondents.
Before: Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ.
The motion court properly adhered to its prior grant of summary judgment since plaintiff tenant, in this action to recover for allegedly inadequate premises security, failed to respond to defendant landlord's and managing agent's prima facie showing that they had met their obligation to take minimal security measures to protect plaintiff from the criminal conduct of third parties, with evidence sufficient to raise a triable issue as to whether the precautions taken by defendants were, in fact, adequate under the circumstances ( cf. Wayburn v. Madison Land Ltd. Partnership, 282 A.D.2d 301). Renewal was properly denied in light of plaintiff's failure to offer a reasonable excuse for its failure to submit the proffered new matter on the prior motion ( see Cuccia v. City of New York, 306 A.D.2d 2, 2-3). In any event, the new matter, an expert affidavit, even if considered, would not have sufficed to raise a triable issue since it was conclusory and did not explain how the vague departures noted were causally related to plaintiff's damages ( see Nangano v. Mount Sinai Hosp., 305 A.D.2d 473).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.