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11/15/95 GAYLE WOLFER v. ROBIN GETMAN

November 15, 1995

GAYLE WOLFER, RESPONDENT,
v.
ROBIN GETMAN, APPELLANT.



Present--Pine, J. P., Fallon, Callahan, Doerr and Davis, JJ.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Defendant and her then fiance Craig Bush, retained plaintiff, a real estate agent, to sell defendant's home located in the Town of Sardinia. On the evening of March 25, 1988, plaintiff went to defendant's home for the purpose of showing it to a prospective buyer. While inside the home, the person who posed as the prospective buyer, Edward Beaufort-Cutner, shot and seriously injured plaintiff. Beaufort-Cutner was actually a private investigator retained by James Langendorfer, an acquaintance of Bush, to recover a portion of the money that Bush allegedly stole from Langendorfer. Bush also was shot by Beaufort-Cutner.

Beaufort-Cutner was eventually identified, arrested and convicted of two counts of attempted murder in the second degree and one count each of robbery in the first degree, burglary in the first degree and criminal possession of a weapon in the first degree. The judgment of conviction was affirmed on appeal ( People v Beaufort-Cutner, 190 A.D.2d 992, lv denied 81 N.Y.2d 1011).

Plaintiff commenced this action alleging that defendant was negligent in failing to warn plaintiff of the risk of bodily harm, in failing to provide reasonably safe premises for plaintiff, and in allowing a dangerous condition to exist at defendant's home. Defendant interposed her answer and, after completion of discovery, moved for summary ...


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