Opinion
Argued March 19, 2001.
April 16, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated February 3, 2000, which granted the motion of the defendants Halle Housing Associates, L.P. and New Times Plaza Operating Corp. for summary judgment dismissing the complaint insofar as asserted against them.
Lipsig, Shapey, Manus Moverman, P.C. (Glen D. Dolan and Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellant.
Satterlee Stephens Burke Burke, LLP, New York, N.Y. (Robert M. Callagy of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff was assaulted and raped by her former boyfriend in her apartment. She subsequently commenced this action against, among others, the respondents, the owner of the building and its general partner, alleging that they failed to provide adequate security. The Supreme Court properly granted the respondents' motion for summary judgment dismissing the complaint insofar as asserted against them. Under the particular circumstances of this case, the plaintiff's act of unlocking and opening her apartment door at 4:00 A.M., without ascertaining the identity of the person knocking on the door, was an intervening cause of the attack, severing any liability of the respondents (see, Bullock v. Buffalo Mun. Hous. Auth., 272 A.D.2d 895; Chang Soo Jang v. Jackson Condominium, 260 A.D.2d 420).
SANTUCCI, J.P., ALTMAN, GOLDSTEIN and McGINITY, JJ., concur.