LOESER v. HALE GARDENS


73 A.D.2d 187 (1980)

Fred Loeser et al., Respondents, v. Nathan Hale Gardens, Inc., et al., Appellants

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

February 26, 1980


Attorney(s) appearing for the Case

Norman H. Dachs of counsel (Harold M. Foster and Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood), for appellants.

Geraldine J. Gould of counsel (Segan, Culhane, Nemerov & Geen, P. C., attorneys), for respondents.

SILVERMAN and ROSS, JJ., concur with SANDLER, J.; MURPHY, P. J., dissents in part in an opinion.


SANDLER, J.

Defendants appeal from a judgment entered on a jury verdict for plaintiffs in a personal injury action arising out of an assault upon plaintiff Fred Loeser by unknown assailants in a parking lot owned and managed by defendants.

At issue on this appeal is the legal sufficiency of the evidence to support the jury's determination of liability with regard to injuries that resulted from a criminal...

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