Majority
p. 828[710 NE2d 264, 687 NYS2d 618] Ramon Torres, Appellant, v New York City Housing Authority, Respondent. Decided February 16, 1999
p. 829
APPEARANCES OF COUNSEL
Dicker & Ferrandino, P. C., Bronx (Anthony Ferrandino of counsel), for appellant.
p. 830
Herzfeld & Rubin, P. C., New York City (Herbert Rubin, David B. Hamm and Linda M. Brown of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and defendant’s motion for summary judgment denied.
Although plaintiffs assailants in this premises security case remain unidentified, plaintiff has raised a triable issue of fact as to whether it was “more likely or more reasonable than not” that the assailants were intruders “who gained access to the premises through a negligently maintained entrance” (Burgos v Aqueduct Realty Corp., 92 NY2d 544 , 548).
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.
Cases cited
- Burgos v. Aqueduct Realty Corp. 92 NY2d 544 at 548 p. 830