Opinion
May 1, 1997
Appeal from the Supreme Court, Bronx County (Alan Saks, J.). claims that the defendants, who own and manage the building, were negligent in failing to provide adequate security, including a functioning lock on the building's front door. The perpetrators gained entry to the apartment by means of a ruse, but there is no evidence as to how they entered the building other than plaintiff's surmise that the broken lock on the front door afforded them access.
As a matter of law, the Housing Authority cannot be held liable for plaintiff's injuries. Absent proof as to the manner in which the perpetrators gained access to the premises ( see, Benitez v. Paxton Realty Corp., 223 A.D.2d 431; Kistoo v. City of New York, 195 A.D.2d 403), and proof that they were intruders rather than residents or guests thereof ( see, Borrero v. New York City Hous. Auth., 236 A.D.2d 262; Wright v. New York City Hous. Auth., 208 A.D.2d 327), plaintiff cannot prove that defendant's alleged negligence in failing to provide functioning door locks was the proximate cause of her injuries ( see, Mack v New York City Hous. Auth., 234 A.D.2d 67; Perry v. New York City Hous. Auth., 222 A.D.2d 567).
The causal connection is further undermined by the clear evidence that this attack was motivated by a preconceived criminal conspiracy to murder plaintiff's stepbrother, who lived with her in the apartment ( see, Harris v. New York City Hous. Auth., 211 A.D.2d 616; Tarter v. Schildkraut, 151 A.D.2d 414, lv denied 74 N.Y.2d 616). This criminal design, admitted by one of the participants, renders it most unlikely that any reasonable security measures would have deterred the criminal participants ( Tarter v. Schildkraut, supra).
Further, given the paucity of evidence of prior criminal activity on the premises, we find that the criminal acts giving rise to plaintiff's injuries were unforeseeable as a matter of law ( see, Jacqueline S. v. City of New York, 81 N.Y.2d 288; Maria S. v Willow Enters., 234 A.D.2d 177; Camacho v. Edelman, 176 A.D.2d 453).
Concur — Rosenberger, J.P., Ellerin, Tom and Mazzarelli, JJ.