McNeil v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

McNeil v. New York City Housing Authority

225 A.D.2d 369, 639 N.Y.2d 26, 639 N.Y.S.2d 26, 1996 N.Y. App. Div. LEXIS 2216

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 369 (McNeil v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McNeil v. New York City Housing Authority, 225 A.D.2d 369, 639 N.Y.2d 26, 639 N.Y.S.2d 26, 1996 N.Y. App. Div. LEXIS 2216 (N.Y. Ct. App. 1996).

Pincite

Opinion

Inasmuch as plaintiff failed to come forward with proof in evidentiary form demonstrating that his assailant gained access to the defendant’s building by reason of a broken front door lock or other failure of security, he raised no factual issue as to whether defendant’s alleged negligence was the proximate cause of his injury. "A jury finding for plaintiff under these circumstances would have to be based on speculation, and thus [370]*370set aside as a nullity.” (Dawson v New York City Hous. Auth., 203 AD2d 55, 56.) We have considered plaintiffs other contentions and find them to be without merit. Concur — Wallach, J. P., Ross, Nardelli, Williams and Mazzarelli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Inasmuch as plaintiff failed to come forward with proof in evidentiary form demonstrating that his assailant gained access to the defendant’s building by reason of a broken front door lock or other failure of security, he raised no factual issue as to whether defendant’s alleged negligence was the proximate cause of his injury. "A jury finding for plaintiff under these circumstances would have to be based on speculation, and thus [370]*370set aside as a nullity.” (Dawson v New York City Hous. Auth., 203 AD2d 55, 56.) We have considered plaintiffs other contentions and find them to be without merit. Concur — Wallach, J. P., Ross, Nardelli, Williams and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

225 A.D.2d 369, 639 N.Y.2d 26, 639 N.Y.S.2d 26, 1996 N.Y. App. Div. LEXIS 2216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneil-v-new-york-city-housing-authority-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack