GARRETT v. TWIN PARKS NORTHEAST SITE 2 HOUSES, INC.


256 A.D.2d 224 (1998)

682 N.Y.S.2d 349

LUNDES GARRETT, Respondent, v. TWIN PARKS NORTHEAST SITE 2 HOUSES, INC., et al., Appellants and Third-Party Plaintiffs-Appellants-Respondents. APEX INVESTIGATIONS AND SECURITY CO., INC., Third-Party Defendant-Respondent-Appellant.

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

Decided December 29, 1998.


Wallach and Rubin, JJ., concur in a memorandum by Rubin, J.; Saxe, J., concurs in a separate memorandum, and Lerner, P.J., dissents in a separate memorandum, all as follows:

RUBIN, J. (concurring).

On May 10, 1993, plaintiff, an unarmed security guard at defendant's apartment complex in the employ of third-party defendant-respondent-appellant Apex Investigations and Security Co., Inc., was assaulted in the lobby by a man and two accomplices, all of whom gained...

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