Opinion
3848.
Decided June 10, 2004.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered December 19, 2003, which, inter alia, denied the motion of defendant River Park Associates for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Diamond, Cardo, King, Peters Fodera, New York (Deborah F. Peters of counsel), for appellant.
Jaha C. Smith Associates, New York (Jaha C. Smith of counsel), for respondent.
Before: Tom, J.P., Saxe, Ellerin, Williams, Gonzalez, JJ.
The evidence indicating that plaintiff, a long-time resident of defendant River Park's housing complex, was slashed on the complex grounds by a stranger who gained access to the complex by car, notwithstanding security protocols which, if adhered to, would have prevented unauthorized vehicular access to the complex, sufficed to raise triable issues as to whether plaintiff's harm was a foreseeable consequence of negligence by defendant property owner in meeting such obligation as it had to secure its premises against intruders ( see Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 551).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.