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CRUZ v. GIBRALTAR INVESTORS

247 A.D.2d 335 (1998)

669 N.Y.S.2d 292

Ivette Cruz et al., Appellants, v. Gibraltar Investors et al., Respondents

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

February 26, 1998

It is well settled that a plaintiff who predicates a claim for damages on a lack of security in a residential building based on a broken lock must demonstrate that his or her assailant was an intruder and not a building resident or guest (Wright v New York City Hous. Auth., 208 A.D.2d 327, 330). Here, unlike Wright and similar cases, where the plaintiffs were unable to provide sufficient...

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