Rivera v. New York City Housing Authority
| Decision Date | 01 May 1997 |
| Citation | 239 A.D.2d 114,657 N.Y.S.2d 32 |
| Parties | Cynthia RIVERA, Plaintiff-Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Defendant-Appellant, and The City of New York, Defendant. |
| Court | New York Supreme Court — Appellate Division |
Newman & Okun, New York City, for Plaintiff-Respondent.
Wilson, Elser, Moskowitz, Edelman & Dicker (Richard E. Lerner, of counsel), for Defendant-Appellant, New York City Housing Authority.
Before ROSENBERGER, J.P., and ELLERIN, TOM and MAZZARELLI, JJ.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered September 19, 1996, which, upon granting defendant-appellant's motion for renewal, adhered to its original decision and order of November 29, 1995 denying defendant-appellant's motion for summary judgment, unanimously reversed, on the law, without costs, the motion is granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint against it.
Plaintiff sustained serious injuries when two assailants entered her apartment and stabbed her multiple times. She claims that the defendants, who own and manage the building, were negligent in failing to provide adequate security, including a functioning lock on the building's front door. The perpetrators gained entry to the apartment by means of a ruse, but there is no evidence as to how they entered the building other than plaintiff's surmise that the broken lock on the front door afforded them access.
As a matter of law, the Housing Authority cannot be held liable for plaintiff's injuries. Absent proof as to the manner in which the perpetrators gained access to the premises (see, Benitez v. Paxton Realty Corp., 223 A.D.2d 431, 637 N.Y.S.2d 11; Kistoo v. City of New York, 195 A.D.2d 403, 600 N.Y.S.2d 693), and proof that they were intruders rather than residents or guests thereof (see, Borrero v. New York City Housing Auth., 236 A.D.2d 262, 653 N.Y.S.2d 581; Wright v. New York City Housing Auth., 208 A.D.2d 327, 624 N.Y.S.2d 144), plaintiff cannot prove that defendant's alleged negligence in failing to provide functioning door locks was the proximate cause of her injuries (see, Mack v. New York City Housing Auth., 234 A.D.2d 67, 650 N.Y.S.2d 226; Perry v. New York City Housing Auth., 222 A.D.2d 567, 635 N.Y.S.2d 661).
The causal connection is further undermined by the clear evidence that this attack was motivated by a preconceived criminal conspiracy to murder plaintiff's stepbrother, who...
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