Opinion
07-02-2015
Mary SMITH, etc., Plaintiff–Respondent, v. NEW YORK CITY HOUSING AUTHORITY, et al., Defendants–Appellants, I.B. Security Conscious, Inc., Defendant.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for appellants. Lynn Gartner Dunne & Covello, LLP, Mineola (Joseph Covello of counsel), for respondent.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for appellants.
Lynn Gartner Dunne & Covello, LLP, Mineola (Joseph Covello of counsel), for respondent.
Opinion
Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 3, 2014, which denied the motion of defendants New York City Housing Authority and Grenadier Realty Corp. for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
In this wrongful death action alleging negligent premises security, defendants met their prima facie burden by pointing to undisputed evidence that the assailant remains unknown, and it remains unknown whether he or she was an intruder, as opposed to another tenant or guest lawfully on the premises (see New v. New York State Urban Dev. Corp., 110 A.D.3d 531, 972 N.Y.S.2d 556 [1st Dept.2013] ). Thus, the burden shifted to plaintiff to “present evidence from which intruder status may reasonably be inferred” (Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 551, 684 N.Y.S.2d 139, 706 N.E.2d 1163 [1998] ), and in opposition, plaintiff failed to present such evidence.
MAZZARELLI, J.P., FRIEDMAN, RICHTER, MANZANET–DANIELS, GISCHE, JJ., concur.