Opinion
December 19, 1995
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Plaintiff was shot when a number of men appeared at the front door of the apartment he was about to leave and opened fire with what plaintiff described as an Uzi machine gun, injuring plaintiff and killing the other occupants. We agree with the IAS Court that this criminal act was not foreseeable in light of the almost negligible evidence of prior criminal activity ( see, e.g., Urena v Hudson Guild, 213 A.D.2d 312; Ospina v City of New York, 214 A.D.2d 551) and plaintiff's failure to adduce any evidence that any such prior activity had been brought to defendant's attention.
Concur — Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.