Torres v. New York City Housing Authority

710 N.E.2d 264, 93 N.Y.2d 828, 687 N.Y.S.2d 618, 1999 N.Y. LEXIS 25

Opinion

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.