RUIZ v. HARYKEVICK REALTY CORP.


254 A.D.2d 211 (1998)

679 N.Y.S.2d 126

Ramon Ruiz, Respondent, v. Harykevick Realty Corporation et al., Appellants

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

October 27, 1998


In light of factual issues as to whether plaintiff was a tenant to whom defendant landlords owed a duty and whether it was breached by defendants' conduct, summary judgment was properly denied (see, Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395). Defendants' contention that plaintiff's act of climbing over the gate constituted an unforeseeable, reckless act that broke the causal chain and absolved defendants of...

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