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HOCHBERG v. RIVERBAY CORP.

230 A.D.2d 680 (1996)

646 N.Y.S.2d 684

Sari Hochberg, as Executrix of Beatrice Kravitz, Deceased, Respondent, v. Riverbay Corporation, Appellant

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

August 29, 1996

Since plaintiff failed to come forward with proof in evidentiary form demonstrating that the assailant, who was apprehended on the date of the incident and identified as a tenant in the same apartment complex, gained access to the building because the lock on the front door was malfunctioning, or due to inadequate security, she raised no factual issue as to how defendant's alleged negligence caused the injury (see, e.g.,...

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