Torres v. New York City Housing Authority

Full title: RAMON TORRES, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent

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

Date published: Jun 4, 1998

251 A.D.2d 54 (N.Y. App. Div. 1998)

673 N.Y.S.2d 661

Opinion

June 4, 1998

Appeal from the Supreme Court, Bronx County (Kenneth Thompson, Jr., J.).

The assailants were never apprehended or otherwise identified and in the absence of evidence of a provable claim that the assailants were intruders and, accordingly, that they could not have gained access to the premises but for defendant's negligent maintenance of the front door lock, the grant of defendant's motion for summary judgment was proper ( Burgos v. Aqueduct Realty Corp., 245 A.D.2d 221; Gomez v. New York City Hous. Auth., 249 A.D.2d 175; cf., Naranjo v. New York City Hous. Auth., 247 A.D.2d 246).

Concur — Sullivan, J. P., Rosenberger, Ellerin, Nardelli and Andrias, JJ.