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VALDEZ v. 72 & 82 TERRACE REALTY, INC.

222 A.D.2d 308 (1995)

635 N.Y.S.2d 596

Maximo Valdez, Appellant, v. 72 & 82 Terrace Realty, Inc., Respondent

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

December 19, 1995

Plaintiff was shot when a number of men appeared at the front door of the apartment he was about to leave and opened fire with what plaintiff described as an Uzi machine gun, injuring plaintiff and killing the other occupants. We agree with the IAS Court that this criminal act was not foreseeable in light of the almost negligible evidence of prior criminal activity (see, e.g., Urena v Hudson Guild, 213 A.D.2d 312; Ospina...

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