BLOCH v. HILTON HOTELS CORPORATION (2001)

Order, Supreme Court, New York County (Sheila Abdus Salaam, J.), entered March 27, 2001, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

 Summary judgment was properly denied in view of issues of fact raised by plaintiff as to whether the key card door lock to her hotel room accepted the alleged intruder's key and, accordingly, as to whether a beach of security at defendant's hotel was the proximate cause of her harm (see, McKinnon v. Bell Sec., 268 A.D.2d 220, 221, 700 N.Y.S.2d 469).   Contrary to defendant's argument, it cannot be said, as a matter of law, that plaintiff's failure to double lock and chain her door, constituted an intervening and superseding act severing the causal nexus between any negligence on defendant's part and plaintiff's injury (see, Mason v. U.E.S.S. Leasing Corp., 274 A.D.2d 79, 82, 712 N.Y.S.2d 465, affd. 96 N.Y.2d 875, 730 N.Y.S.2d 770, 756 N.E.2d 58, 2001 N.Y. LEXIS 1865).