Morgan v. New York City Police Department

Appellate Division of the Supreme Court of New York

Morgan v. New York City Police Department

282 A.D.2d 583, 722 N.Y.S.2d 904, 2001 N.Y. App. Div. LEXIS 3810

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

DecidedApril 16, 2001

StatusPublished

Cited by1 cases

This text of 282 A.D.2d 583 (Morgan v. New York City Police Department) 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

Morgan v. New York City Police Department, 282 A.D.2d 583, 722 N.Y.S.2d 904, 2001 N.Y. App. Div. LEXIS 3810 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated February 3, 2000, which granted the motion of the defendants Halle Housing Associates, L.P. and New Times Plaza Operating Corp. for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff was assaulted and raped by her former boyfriend in her apartment. She subsequently commenced this action against, among others, the respondents, the owner of the building and its general partner, alleging that they failed to provide adequate security. The Supreme Court properly granted the respondents’ motion for summary judgment dismissing the complaint insofar as asserted against them. Under the particular circumstances of this case, the plaintiff’s act of unlocking and opening her apartment door at 4:00 a.m., without ascertaining the identity of the person knocking on the door, was an intervening cause of the attack, severing any liability of the respondents (see, Bullock v Buffalo Mun. Hous. Auth., 272 AD2d 895; Chang Soo Jang v Jackson Condomin[584]*584ium, 260 AD2d 420). Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated February 3, 2000, which granted the motion of the defendants Halle Housing Associates, L.P. and New Times Plaza Operating Corp. for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff was assaulted and raped by her former boyfriend in her apartment. She subsequently commenced this action against, among others, the respondents, the owner of the building and its general partner, alleging that they failed to provide adequate security. The Supreme Court properly granted the respondents’ motion for summary judgment dismissing the complaint insofar as asserted against them. Under the particular circumstances of this case, the plaintiff’s act of unlocking and opening her apartment door at 4:00 a.m., without ascertaining the identity of the person knocking on the door, was an intervening cause of the attack, severing any liability of the respondents (see, Bullock v Buffalo Mun. Hous. Auth., 272 AD2d 895; Chang Soo Jang v Jackson Condomin[584]*584ium, 260 AD2d 420). Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

282 A.D.2d 583, 722 N.Y.S.2d 904, 2001 N.Y. App. Div. LEXIS 3810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-new-york-city-police-department-nyappdiv-2001.

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