From Casetext: Smarter Legal Research

Sweeney v. Port Authority of New York N.J

Appellate Division of the Supreme Court of New York, Second Department
Sep 15, 1997
242 A.D.2d 569 (N.Y. App. Div. 1997)

Opinion

September 15, 1997

Appeal from Supreme Court, Queens County (Lonschein, J.).


Ordered that the order is affirmed, with costs.

The plaintiff Almarean Sweeney, an employee of Tele-Trip Co., Inc. (hereinafter Tele-Trip), was assaulted and robbed by a third party as she exited Tele-Trip's office located in the east wing of the main terminal at LaGuardia Airport. The plaintiffs commenced the instant action alleging that the defendant had negligently and carelessly created unsafe, dangerous, and hazardous conditions during construction of the east wing and had failed to provide proper security and lighting in the walkway which led to the only unblocked Tele-Trip office entrance. The plaintiffs contend that the court erred in granting the defendant's motion for summary judgment. We disagree.

As the Supreme Court correctly held, the plaintiffs failed to establish that the defendant had notice of prior criminal activity so as to make the present crime foreseeable (see, Mendez v. 441 Ocean Ave., 234 A.D.2d 524). The plaintiffs' conclusory allegations of prior robberies were patently insufficient to raise triable issues of fact regarding foreseeability or causation (see, Rodriguez v. New York City Hous. Auth., 87 N.Y.2d 887; Iannelli v. Powers, 114 A.D.2d 157).

The plaintiffs' remaining contentions are without merit.

O'Brien, J.P., Joy, Goldstein and Luciano, JJ., concur.


Summaries of

Sweeney v. Port Authority of New York N.J

Appellate Division of the Supreme Court of New York, Second Department
Sep 15, 1997
242 A.D.2d 569 (N.Y. App. Div. 1997)
Case details for

Sweeney v. Port Authority of New York N.J

Case Details

Full title:ALMAREAN SWEENEY et al., Appellants, v. PORT AUTHORITY OF NEW YORK AND NEW…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 15, 1997

Citations

242 A.D.2d 569 (N.Y. App. Div. 1997)
664 N.Y.S.2d 741

Citing Cases

Rodriguez v. Caton

In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiffs conclusory allegations…

Acosta v. MEC Realty

The defendant established its entitlement to judgment as a matter of law, offering sufficient evidence to…