TORRES v. NEW YORK CITY HOUSING AUTHORITY (1998)

Supreme Court, Appellate Division, First Department, New York.

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

Decided: June 04, 1998

Before SULLIVAN, J.P., and ROSENBERGER, ELLERIN, NARDELLI and ANDRIAS, JJ.

Anthony Ferrandino, for Plaintiff-Appellant. Herbert Rubin, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered April 28, 1997, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The assailants were never apprehended or otherwise identified and in the absence of evidence of a provable claim that the assailants were intruders and, accordingly, that they could not have gained access to the premises but for defendant's negligent maintenance of the front door lock, the grant of defendant's motion for summary judgment was proper (Burgos v. Aqueduct Realty Corp., 245 A.D.2d 221, 666 N.Y.S.2d 640; Gomez v. New York City Hous. Auth., 249 A.D.2d 175, 672 N.Y.S.2d 676; cf., Naranjo v. New York City Hous. Auth., 247 A.D.2d 246, 668 N.Y.S.2d 366).

MEMORANDUM DECISION.

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