Opinion
May 25, 1995
Appeal from the Supreme Court, New York County (William Davis, J.).
Plaintiff alleges that jewelry and silverware were stolen from her apartment while she was away on vacation, during which time defendant valet service had access to her apartment, its employee given a key that plaintiff had given to defendant condominium's concierge. We agree with the IAS Court that plaintiff's claim that the theft could only have been perpetrated by one of the valet service's employees is pure speculation, particularly in view of the fact that plaintiff's stepson lived in the apartment for part of the time plaintiff was away. "It is just as likely that the crime was committed by someone known to [plaintiff] whose presence in the [apartment] was not due to any negligence on the landlord's part." (Pagan v Hampton Houses, 187 A.D.2d 325, 326; see also, De Mayo v Yates Realty Corp., 35 A.D.2d 700, affd 28 N.Y.2d 894; Bortle v Pron Co., 203 A.D.2d 779, lv denied 84 N.Y.2d 803.)
Concur — Sullivan, J.P., Rosenberger, Wallach, Nardelli and Williams, JJ.