Opinion
5554
February 5, 2002.
Order, Supreme Court, Bronx County (Howard Silver, J.), entered May 4, 2001, which, in an action by a tenant against her landlord for personal injuries allegedly sustained because of inadequate building security, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
CHRISTOPHER S. JOSLIN, for plaintiff-respondent.
MARK CIPOLLA, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Sullivan, Rubin, Saxe, JJ.
Issues of fact exist as to whether prior crimes in the building made the assault on plaintiff foreseeable; if so, whether defendant had knowledge of such crimes; and, if so, whether defendant's security measures were reasonable (see, Mason v. U.E.S.S. Leasing Corp., 96 N.Y.2d 875, 878; Todorovich v. Columbia Univ., 245 A.D.2d 45, 46;Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 520, n8).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.