NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
January 19, 2010
JACQUELINE BAEZ, PLAINTIFF-RESPONDENT,
2347 MORRIS REALTY, INC., DEFENDANT-APPELLANT,
SALVATORE EMANUELE, DEFENDANT.
Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered December 30, 2008, which, in an action for personal injuries sustained in a rape allegedly caused by inadequate building security, denied defendant landlord's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ.
An issue of fact as to the foreseeability of the rape is raised by the printouts of police reports and complaints submitted by plaintiff tending to show prior violent criminal activity in or near the subject building, including attacks, as well as prior drug arrests in front of the building, and by plaintiff's testimony that she and other tenants regularly complained to the superintendent about criminal activity and loiterers in the building (see Jacqueline S. v City of New York, 81 NY2 288, 295 ; Rivera v 1652 Popham Assoc., LLC, 31 AD3d 297, 298 ; Wayburn Madison Land Ltd. Partnership, 282 AD2d 301, 303-304 ). We have considered defendant's other arguments and find them unavailing. We note the absence of argument by defendant on the issue of causation.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
© 1992-2010 VersusLaw Inc.