Opinion
July 21, 1997
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the order is affirmed, with costs.
"To recover damages from an owner of real property for injuries caused by the acts of criminals on the premises, a plaintiff must produce evidence indicating that the owner knew or should have known of the probability of conduct on the part of third persons which was likely to endanger the safety of those lawfully on the premises" (Francis v. Ocean Vil. Apts., 222 A.D.2d 561, citing Jacqueline S. v. City of New York, 81 N.Y.2d 288, 294-295; see also, Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 519-520). In opposition to the respondents' motion, which demonstrated their prima facie entitlement to summary judgment, the plaintiffs submitted four unsworn statements of other residents of the building in which the injured plaintiff was attacked and a hearsay affirmation of counsel. Therefore, the plaintiff's failed to produce the type of evidence necessary to avoid summary judgment (see, Francis v. Ocean Vil. Apts., supra; Harris v. New York City Hous. Auth., 194 A.D.2d 714; Hendricks v. Kempler, 156 A.D.2d 425; Iannelli v. Powers, 114 A.D.2d 157).
Bracken, J. P., Santucci, Goldstein and Luciano, JJ., concur.