The action was properly dismissed for plaintiff's failure to present any factual support for the proposition that the unknown person who shot the decedent in the lobby of defendant's apartment building was an intruder and not a building resident or guest of a resident. It is sheer speculation for plaintiff's expert to opine that entry was gained through either the alleged defective sidewalk gate door or roof door (see, Wright v New York City Hous. Auth.,
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BAJANA v. PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK
231 A.D.2d 464 (1996)
647 N.Y.S.2d 465
Josephine Bajana, as Administratrix of The Estate of Felix A. Bajana, Deceased, Appellant, v. Presbyterian Hospital in the City of New York, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 24, 1996
September 24, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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