WAYBURN v. MADISON LAND LIMITED PARTNERSHIP


282 A.D.2d 301 (2001)

724 N.Y.S.2d 34

ROBERT F. WAYBURN et al., Appellants, v. MADISON LAND LIMITED PARTNERSHIP et al., Respondents.

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

Decided April 17, 2001.


Between 8:00 P.M. and 8:30 P.M. on April 18, 1995, an unknown assailant armed with a gun assaulted, battered and robbed plaintiff Robert Wayburn and subsequently robbed, assaulted, battered and raped plaintiff E.S. Both attacks occurred in an office suite on the 20th floor of 310 Madison Avenue, an office building in midtown Manhattan.

According to an incident report prepared by defendant Primary Security Services, a man dressed in gray slacks and a white shirt entered...

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