IVERY v. (and a third-party action). (2004)

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

Dora IVERY, respondent, v. OCEANVIEW II ASSOCIATES, appellant. (and a third-party action).

Decided: June 14, 2004

GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, and STEVEN W. FISHER, JJ.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, N.Y. (Richard E. Lerner of counsel), for appellant. Glinkenhouse, Floumanhaft & Queen, Cedarhurst, N.Y. (Alan Queen of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated July 29, 2003, which denied its motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The defendant, Oceanview II Associates (hereinafter Oceanview), as landlord of the subject building, had a duty to take minimal security precautions against reasonably foreseeable criminal acts by third parties (see James v. Jamie Towers Hous. Co., 99 N.Y.2d 639, 641, 760 N.Y.S.2d 718, 790 N.E.2d 1147). There are issues of fact, inter alia, as to whether the presence of Chester Jones on the premises was a foreseeable risk which Oceanview was obligated to take precautions against (see Mason v. U.E.S.S. Leasing Corp., 96 N.Y.2d 875, 877, 730 N.Y.S.2d 770, 756 N.E.2d 58). In view of the foregoing, Oceanview failed to establish its entitlement to judgment as a matter of law.

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