Summary
In Selektor, the court held that the owner of a parking lot had no duty to provide protective measures to a person murdered inside the parking lot absent a showing that the lot owner had experience with or knowledge of criminal activity inside or near the lot.
Summary of this case from Monk v. Temple George Associates, LLCOpinion
December 1, 1994
Appeal from the Supreme Court, New York County (Joan Lobis, J.).
In the absence of any evidence that defendants had experience with or knowledge of criminal activity inside or in the direct vicinity of the parking lot, the IAS Court correctly concluded that decedent's murder inside the parking lot was not reasonably foreseeable and hence defendants had no duty to provide protective measures (compare, Jacqueline S. v City of New York, 81 N.Y.2d 288, 295). Since summary judgment dismissing the complaint was properly granted, the motion to dismiss the third-party complaint was rendered moot.
Concur — Ellerin, J.P., Wallach, Asch, Nardelli and Tom, JJ.