TENSEN v. F & M REALTY CO.


235 A.D.2d 252 (1997)

652 N.Y.S.2d 279

Janet Tensen, Respondent, v. F & M Realty Co. et al., Appellants, et al., Defendant

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

January 14, 1997


In this action for damages for personal injuries sustained by plaintiff during the early morning hours when she was allegedly attacked by an intruder in her second floor apartment, the motion court properly determined that there are triable issues of fact. Such issues include whether the landlord met its duty to provide adequate security measures in the building in the face of "foreseeable criminal intrusion upon tenants" (Miller v State of New York,

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