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SHERMAN v. CONCOURSE REALTY

47 A.D.2d 134 (1975)

Sol Sherman et al., Appellants, v. Concourse Realty Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 10, 1975.

Attorney(s) appearing for the Case

Ivan L. Tantleff (Benjamin H. Siff and Thomas R. Newman of counsel), for appellants.

Harold M. Foster (William F. McNulty and Anthony J. McNulty of counsel), for respondent.

HOPKINS, Acting P. J., LATHAM, BENJAMIN and MUNDER, JJ., concur.

CHRIST, J.

In this negligence action the basic issue is whether a landlord's negligent maintenance of residential premises may be the predicate for holding him liable in tort for personal injuries inflicted upon a tenant by a criminal intruder in a common area of the premises.

Plaintiff Sol Sherman, the tenant, sustained personal injuries when he was assaulted and robbed by an unidentified assailant in...

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