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Hargett v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 459 (N.Y. App. Div. 1997)

Summary

post-dating Sanchez

Summary of this case from New York City Housing v. Housing Auth. Risk

Opinion

November 17, 1997

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


Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

On the record before us, the plaintiff has presented inadequate factual support for his contention that his assailants were intruders who gained entry into his apartment building by virtue of a damaged front door lock. The plaintiff admits that when he entered his building the door to the street was securely locked, and that one of the unfamiliar youths who assaulted him was already inside. However, it is pure conjecture on the plaintiff's part that the youths had gained access to the building earlier that same evening when the entrance door had been propped open with a brick, as the tenants often left the door because the lock jammed. Accordingly, because the plaintiff cannot demonstrate that the conduct of the defendant property owner constituted a proximate cause of the occurrence, the defendant, who made out a prima facie case for summary judgment, is entitled to that relief ( see, e.g., Shinn v. Lefrak Org., 239 A.D.2d 335; Gleaton v. New York City Hous. Auth., 221 A.D.2d 504; Harris v. New York City Hous. Auth., 211 A.D.2d 616; Grignoli v. New York City Hous. Auth., 196 A.D.2d 525; cf., Rosario v. New York City Hous. Auth., 230 A.D.2d 900).

Sullivan, J. P., Friedmann, Florio and McGinity, JJ., concur.


Summaries of

Hargett v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 459 (N.Y. App. Div. 1997)

post-dating Sanchez

Summary of this case from New York City Housing v. Housing Auth. Risk
Case details for

Hargett v. New York City Housing Authority

Case Details

Full title:ROBERT HARGETT, JR., Respondent, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Nov 17, 1997

Citations

244 A.D.2d 459 (N.Y. App. Div. 1997)
664 N.Y.S.2d 348

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