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Ramirez v. BB

Supreme Court of New York, First Department

March 20, 2014

Carlos Ramirez, Plaintiff-Appellant,
v.
BB and BB Management Corp., et al., Defendants-Respondents, John Sabatar, Defendant.

Klein Calderoni & Santucci, LLP, Bronx (Fred T. Santucci, Jr. of counsel), for appellant.

Barry, McTiernan & Moore, LLC, New York (Laurel A. Wedinger of counsel), for respondents.

Tom, J.P., Friedman, Manzanet-Daniels, Gische, Clark, JJ.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered November 29, 2012, which granted defendants BB and BB Management Corp., Gesher Realty Corp., and Felix Gomez's motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff's failure to raise a triable issue of fact whether the assault on him was foreseeable, i.e. reasonably predictable, renders defendants' Worker's Compensation defense moot. Plaintiff's complaints regarding criminal elements in the neighborhood and the three police reports regarding an apartment robbery and two incidents of vandalism to cars parked outside the building were insufficient to show that the assault was reasonably predictable (see Maria T. v New York Holding Co. Assoc., 52 A.D.3d 356 [1st Dept 2008], lv denied 11 N.Y.3d 708 [2008]; Ortiz v Wiis Realty Corp., 66 A.D.3d 429 [1st Dept 2009]). Moreover, while plaintiff testified that the front door lock had been broken, he could not say for how long, and there is no evidence that defendants were notified of the broken lock.


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