Opinion
9057 Index 24072/13
04-18-2019
Eileana VALENTIN, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant, New York City Housing Authority, Defendant–Respondent.
Gjoni Law, P.C., New York (Gencian Gjoni of counsel), for appellant. Herzfeld & Rubin, PC, New York (Linda M. Brown of counsel), for respondent.
Gjoni Law, P.C., New York (Gencian Gjoni of counsel), for appellant.
Herzfeld & Rubin, PC, New York (Linda M. Brown of counsel), for respondent.
Friedman, J.P., Sweeny, Tom, Moulton, JJ.
Dismissal of the complaint was warranted in this action where plaintiff was beaten up in the elevator of defendant's building. There is a lack of evidence from which it could reasonably be inferred that a proximate cause of plaintiff's assault was a negligently maintained entrance. Defendant offered proof that the entrance had been checked and found without defect on the day of the assault (see Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 684 N.Y.S.2d 139, 706 N.E.2d 1163 [1998] ; Schuster v. Five G. Assoc., LLC, 56 A.D.3d 260, 867 N.Y.S.2d 65 [1st Dept. 2008] ).