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TORRES v. NEW YORK CITY HOUSING AUTHORITY

93 N.Y.2d 828 (1999)

710 N.E.2d 264

687 N.Y.S.2d 618

RAMON TORRES, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Dicker & Ferrandino, P. C., Bronx (Anthony Ferrandino of counsel), for appellant.

Herzfeld & Rubin, P. C., New York City (Herbert Rubin, David B. Hamm and Linda M. Brown of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment denied.

Although plaintiff's assailants in this premises security case remain unidentified, plaintiff has raised a triable issue of fact as to whether it was "more likely or more reasonable than not" that the assailants were intruders "who gained access to the premises through a negligently maintained entrance...

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