McNeil v. New York City Housing Authority

Full title: BERNARD McNEIL et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Mar 12, 1996

225 A.D.2d 369 (N.Y. App. Div. 1996)

639 N.Y.S.2d 26

Opinion

March 12, 1996

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

Inasmuch as plaintiff failed to come forward with proof in evidentiary form demonstrating that his assailant gained access to the defendant's building by reason of a broken front door lock or other failure of security, he raised no factual issue as to whether defendant's alleged negligence was the proximate cause of his injury. "A jury finding for plaintiff under these circumstances would have to be based on speculation, and thus set aside as a nullity." ( Dawson v New York City Hous. Auth., 203 A.D.2d 55, 56.) We have considered plaintiff's other contentions and find them to be without merit.

Concur — Wallach, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ.