Opinion
No. 570967/15.
12-30-2015
Joann NEAL and Kenneth Neal, Plaintiffs–Respondents, v. SPITZ AND PECK FLORAL DECORATORS, Defendant–Appellant.
Order (Jose A. Padilla, Jr., J.), dated June 12, 2015, affirmed, with $10 costs.
Plaintiffs-tenants commenced this action to recover damages for losses sustained in a burglary allegedly caused by defendant's act of placing tape over the lock on the subject building's front security gate. Multiple issues of fact regarding defendant's liability preclude summary judgment, including whether the burglar(s) gained entry to the building as a result of the taped over lock.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur