MORRISSEY v. RIVERBAY CORP.


222 A.D.2d 234 (1995)

635 N.Y.S.2d 11

Martin R. Morrissey, Respondent, v. Riverbay Corporation, Appellant

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

December 7, 1995


Questions of fact remain as to whether there was a sufficient history of criminal activity that would have made the assault on plaintiff foreseeable, based on plaintiff's sworn assertion that violent incidents had occurred near the site of the assault in recent years and on defendant's security complaint reports concerning crimes that had occurred elsewhere in this housing complex. Factual issues also exist as to whether defendant had actual or constructive knowledge that...

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