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FOWLER v. NEW YORK CITY HOUS. AUTH.

243 A.D.2d 284 (1997)

663 N.Y.S.2d 32

Richard Fowler, Appellant, v. New York City Housing Authority, Respondent

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

October 9, 1997

In this negligence action premised on allegedly inadequate security measures, plaintiff's claim that his assailants were not residents of the building or invitees is based on his assumption that since he did not recognize them and has not seen them since the attack, they must have been intruders. Such conclusions are speculative and insufficient as a matter of law to establish proximate cause (Tolliver v New York City Hous. Auth., 238 A.D.2d 187

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