Opinion
3380.
Decided April 15, 2004.
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered July 23, 2003, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Jones Hirsch Connors Bull, P.C., New York (Steven H. Kaplan of counsel), for appellants.
Pollack, Pollack, Isaac DeCicco, New York (Brian J. Isaac of counsel), for respondent.
Before: Andrias, J.P., Williams, Lerner, Marlow, JJ.
The evidence that at the time of the incident the entrance to the building in which plaintiff was allegedly assaulted was not equipped with a working door lock, along with plaintiff's testimony identifying his assailants as local gang members who did not reside in the building, was sufficient to raise a triable issue as to whether plaintiff's harm was attributable to a failure by defendant landlords to take minimal precautions to secure their premises against intruders ( see Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 550-551; Cruz v. Gibraltar Invs., 247 A.D.2d 335).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.