From Casetext: Smarter Legal Research

Mkrtchyan v. 61st Woodside Associates

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1994
209 A.D.2d 490 (N.Y. App. Div. 1994)

Opinion

November 14, 1994

Appeal from the Supreme Court, Queens County (Milano, J.).


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.

The infant plaintiff was the victim of a sexual assault in the apartment building owned by the defendants. At the time of the incident, the infant plaintiff resided in an apartment in the building with her parents.

At her deposition, the infant plaintiff stated that, on the day of the assault, she first saw the assailant in the lobby of the building. Immediately thereafter, she was accosted by the assailant in the elevator.

The plaintiffs assert that the absence of an intercom system in the entrance to the defendants' building was a proximate cause of the assault. However, it is undisputed that at the time of the incident, the lock to the lobby door was functioning, as was a buzzer system whereby persons could gain entrance to the lobby. Other than mere speculation in the affidavit of the plaintiffs' "security expert", there is no indication in the record that the absence of a functioning intercom was a "substantial causative factor in the sequence of events" that led to the assailant's presence in the lobby of the building (see, Nallan v Helmsley-Spear, Inc., 50 N.Y.2d 507, 520). Under such circumstances, it cannot be said that the absence of an intercom was a proximate cause of this unfortunate incident (see, Harris v. New York City Hous. Auth., 194 A.D.2d 714; Moss v. New York Tel. Co., 196 A.D.2d 492, 493; Tarter v. Schildkraut, 151 A.D.2d 414).

Additionally, the record is insufficient to raise a triable question of whether the defendants had such notice of prior criminal activity on the premises to make the instant occurrence foreseeable (see, Jacqueline S. v. City of New York, 81 N.Y.2d 288; Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, supra; Grignoli v. New York City Hous. Auth., 196 A.D.2d 525).

The plaintiffs' remaining contentions are without merit.

Under these circumstances, the Supreme Court should have granted the defendants' motion for summary judgment. Sullivan, J.P., Ritter, Pizzuto and Hart, JJ., concur.


Summaries of

Mkrtchyan v. 61st Woodside Associates

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1994
209 A.D.2d 490 (N.Y. App. Div. 1994)
Case details for

Mkrtchyan v. 61st Woodside Associates

Case Details

Full title:RIPSIME MKRTCHYAN, an Infant, by Her Father and Natural Guardian, MKRTICK…

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

Date published: Nov 14, 1994

Citations

209 A.D.2d 490 (N.Y. App. Div. 1994)
618 N.Y.S.2d 825

Citing Cases

Leslie G. v. Perry Associates

By no stretch of the imagination, however, did we say or intend to say that the failure to install such a…

Varghese v. Singh [2d Dept 1999

The defendants' motion for summary judgment was properly granted. The evidence in the record does not support…