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Ramos v. 1199 Housing Corporation

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1998
253 A.D.2d 806 (N.Y. App. Div. 1998)

Opinion

September 21, 1998

Appeal from the Supreme Court, Kings County (Golden, J.).


Ordered that the order is affirmed, with one bill of costs.

In 1993, Damaris Ramos was murdered in a building owned and maintained by the defendant 1199 Housing Corporation (hereinafter 1199). There were no arrests made and there is no evidence indicating who the assailant was or how he or she gained access to the building.

Ms. Ramos's mother commenced this action in March 1992 against 1199 alleging that the murder was caused by, among other things, 1199's negligence in its maintenance of the premises. Three years later, 1199 impleaded Watchdog Patrols, Inc. (hereinafter Watchdog).

Watchdog and 1199 separately moved for summary judgment dismissing the complaint. The Supreme Court granted the motions. We affirm.

The plaintiffs have adduced no factual support for the contention that the assailant was an intruder who gained entry to the building by virtue of the alleged negligence of 1199. Under the circumstances, no material questions of fact exist with respect to the plaintiffs' allegation that the conduct of 1199 constituted a proximate cause of the occurrence ( see, Folks v. New York City Hous. Auth., 227 A.D.2d 520; Gleaton v. New York City Hous. Auth., 221 A.D.2d 504).

We have considered the plaintiffs' remaining contention and find it to be without merit.

Miller, J.P., Krausman, McGinity and Luciano J.J, concur.


Summaries of

Ramos v. 1199 Housing Corporation

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1998
253 A.D.2d 806 (N.Y. App. Div. 1998)
Case details for

Ramos v. 1199 Housing Corporation

Case Details

Full title:DORCA RAMOS, Individually and as Administrator of the Estate of DAMARIS…

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

Date published: Sep 21, 1998

Citations

253 A.D.2d 806 (N.Y. App. Div. 1998)
678 N.Y.S.2d 110

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Ramos v. 1199 Hous. Corp.

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