EINHORN v. SEELEY


136 A.D.2d 122 (1988)

Lori Einhorn et al., Respondents, v. David Seeley et al., Respondents, and Rem Discount Security Products, Inc., Appellant

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

March 8, 1988


Attorney(s) appearing for the Case

Kenneth Kirschenbaum of counsel (Ira Levine with him on the brief; Kirschenbaum & Kirschenbaum, P. C., attorneys), for appellant.

Michael C. Lesser of counsel (Louis Engelmayer, attorney), for Lori Einhorn and another, respondents.

MURPHY, P. J., and CARRO, J., concur with ASCH, J.; SANDLER and KASSAL, JJ., dissent in part in an opinion by KASSAL, J.


ASCH, J.

On June 7, 1981, the plaintiff, Lori Einhorn, was allegedly assaulted and raped in the building at premises located at 15 East 21st Street. She was accosted on the second floor landing and dragged by her assailant, concededly not a tenant, up the stairway, to the third floor, where the attack occurred inside of the apartment she was visiting. This action for personal injuries was commenced against the...

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