PEREZ v. McFARLANE (2005)

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

Jennifer PEREZ, Plaintiff-Respondent, v. Byron McFARLANE, et al., Defendants-Appellants.

Decided: May 05, 2005

TOM, J.P., ANDRIAS, SULLIVAN, WILLIAMS, GONZALEZ, JJ.

Lester Schwab Katz & Dwyer, LLP, New York (Harry Steinberg of counsel), for appellants. Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondent.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 22, 2004, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Absent any proof other than plaintiff's unsupported and speculative claim that the intruder, who assaulted her in her apartment, gained access to the premises through a window in an adjacent garage/office that had been left open on two occasions several months earlier, the claim that defendants' negligence or inadequate security measures permitted the intruder to gain entry is insufficient to defeat defendants' motion for summary judgment (see Melville v. New York City Hous. Auth., 242 A.D.2d 244, 245, 661 N.Y.S.2d 632 [1997] ).

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Out of date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!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network