MARICLE v. MICK


108 A.D.2d 1048 (1985)

Carol Maricle, Appellant, v. Florence Mick, Respondent

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

February 21, 1985


Weiss, J.

Is a landlord who leaves the rear door to a two-family dwelling house open and unlocked liable to a tenant who is injured by burglars? We think factual issues have been raised which require determination by a jury and, accordingly, reverse the dismissal of the complaint upon defendant's summary judgment motion.

The facts are relatively uncontested. Plaintiff is a tenant in the downstairs apartment rented from defendant, the landlord...

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