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SELEKTOR v. SMILES PARKING CO.

210 A.D.2d 18 (1994)

618 N.Y.S.2d 813

Lyudmila C. Selektor, as Administratrix of The Estate of Gennady Selektor, Deceased, Appellant-Respondent, v. Smiles Parking Co. et al., Respondents and Third-Party Plaintiffs-Respondents. Paragon Restaurant Supply Co., Inc., et al., Third-Party Defendants-Respondents-Appellants

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

December 1, 1994

In the absence of any evidence that defendants had experience with or knowledge of criminal activity inside or in the direct vicinity of the parking lot, the IAS Court correctly concluded that decedent's murder inside the parking lot was not reasonably foreseeable and hence defendants had no duty to provide protective measures (compare, Jacqueline S. v City of New York, 81 N.Y.2d 288, 295). Since summary judgment dismissing...

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