TORRES v. NEW YORK CITY HOUSING AUTHORITY (1999)

Court of Appeals of New York.

Ramon TORRES, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Decided: February 16, 1999

Dicker & Ferrandino, P.C., Bronx (Anthony Ferrandino of counsel), for appellant. Herzfeld & Rubin, P.C., New York City (Herbert Rubin, David B. Hamm and Linda M. Brown of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment denied.

Although plaintiff's assailants in this premises security case remain unidentified, plaintiff has raised a triable issue of fact as to whether it was “more likely or more reasonable than not” that the assailants were intruders “who gained access to the premises through a negligently maintained entrance” (Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 548, 684 N.Y.S.2d 139, 706 N.E.2d 1163).

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

MEMORANDUM.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law