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Segev v. Trump Parc Condominium

Appellate Division of the Supreme Court of New York, First Department
May 25, 1995
215 A.D.2d 322 (N.Y. App. Div. 1995)

Opinion

May 25, 1995

Appeal from the Supreme Court, New York County (William Davis, J.).


Plaintiff alleges that jewelry and silverware were stolen from her apartment while she was away on vacation, during which time defendant valet service had access to her apartment, its employee given a key that plaintiff had given to defendant condominium's concierge. We agree with the IAS Court that plaintiff's claim that the theft could only have been perpetrated by one of the valet service's employees is pure speculation, particularly in view of the fact that plaintiff's stepson lived in the apartment for part of the time plaintiff was away. "It is just as likely that the crime was committed by someone known to [plaintiff] whose presence in the [apartment] was not due to any negligence on the landlord's part." (Pagan v Hampton Houses, 187 A.D.2d 325, 326; see also, De Mayo v Yates Realty Corp., 35 A.D.2d 700, affd 28 N.Y.2d 894; Bortle v Pron Co., 203 A.D.2d 779, lv denied 84 N.Y.2d 803.)

Concur — Sullivan, J.P., Rosenberger, Wallach, Nardelli and Williams, JJ.


Summaries of

Segev v. Trump Parc Condominium

Appellate Division of the Supreme Court of New York, First Department
May 25, 1995
215 A.D.2d 322 (N.Y. App. Div. 1995)
Case details for

Segev v. Trump Parc Condominium

Case Details

Full title:RUTH SEGEV, Appellant, v. TRUMP PARC CONDOMINIUM et al., Respondents

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

Date published: May 25, 1995

Citations

215 A.D.2d 322 (N.Y. App. Div. 1995)
626 N.Y.S.2d 801

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