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Juan CARDENA, et al., Plaintiffs-Respondents, v. ALEXANDER WOLFE & COMPANY, INC., et al., Defendants, Anjowar Realty Co., Defendant-Appellant.
Order, Supreme Court, Bronx County (Paul Victor, J.), entered October 1, 2001, which denied defendant's post-trial motion to set aside the verdict, unanimously modified, on the law, to the extent of directing a new trial on the issue of apportionment of damages, and otherwise affirmed, without costs.
Chianese v. Meier, 98 N.Y.2d 270, 746 N.Y.S.2d 657, 774 N.E.2d 722, decided after the order on appeal, clarifies that a landlord whose negligence precipitates or facilitates an act of violence can seek apportionment of non-economic damages with a nonparty intentional tortfeasor. Accordingly, we remand for further proceedings on apportionment. In all other respects, we affirm the order. The record contains ample evidence of lack of building security in the form of broken front door locks, defendants' actual notice thereof, and the foreseeability of a violent assault in the building (see Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 684 N.Y.S.2d 139, 706 N.E.2d 1163). Concerning the latter, “[t]here is no requirement ․ that the past experience relied on to establish foreseeability be of criminal activity at the exact location where plaintiff was harmed or that it be of the same type of criminal conduct to which plaintiff was subjected.” (Jacqueline S. v. City of New York, 81 N.Y.2d 288, 294, 598 N.Y.S.2d 160, 614 N.E.2d 723.) We have considered defendant's other arguments and find them unavailing.
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Decided: March 27, 2003
Court: Supreme Court, Appellate Division, First Department, New York.
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