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Perez v. McFarlane

Appellate Division of the Supreme Court of New York, First Department
May 5, 2005
18 A.D.3d 232 (N.Y. App. Div. 2005)

Opinion

5021.

May 5, 2005.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 22, 2004, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Before: Tom, J.P., Andrias, Sullivan, Williams and Gonzalez, JJ., concur.


Absent any proof other than plaintiff's unsupported and speculative claim that the intruder who assaulted her in her apartment gained access to the premises through a window in an adjacent garage/office that had been left open on two occasions several months earlier, the claim that defendants' negligence or inadequate security measures permitted the intruder to gain entry is insufficient to defeat defendants' motion for summary judgment ( see Melville v. New York City Hous. Auth., 242 AD2d 244, 245).


Summaries of

Perez v. McFarlane

Appellate Division of the Supreme Court of New York, First Department
May 5, 2005
18 A.D.3d 232 (N.Y. App. Div. 2005)
Case details for

Perez v. McFarlane

Case Details

Full title:JENNIFER PEREZ, Respondent, v. BYRON McFARLANE et al., Appellants

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

Date published: May 5, 2005

Citations

18 A.D.3d 232 (N.Y. App. Div. 2005)
794 N.Y.S.2d 359

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