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BENITEZ v. PAXTON REALTY CORP.

223 A.D.2d 431 (1996)

637 N.Y.S.2d 11

Arturo Benitez, Appellant, v. Paxton Realty Corp., Respondent

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

January 18, 1996

Summary judgment was properly granted on the ground that plaintiff, a guest of a tenant in a building owned by defendant, failed to come forward with any competent evidence raising a genuine issue of fact as to whether his assailants gained access to the building as a result of defendant's negligence. Without any proof whatsoever as to the manner in which his assailant gained access to the building, plaintiff cannot prove that defendant...

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