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NELSON v. OSBORNE REALTY CORP.

294 A.D.2d 162 (2002)

742 N.Y.S.2d 31

CALVIN NELSON, Appellant, v. OSBORNE REALTY CORP. et al., Respondents.

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

Decided May 9, 2002.

The action was properly dismissed on the ground that no issue of fact was raised as to whether the attack was foreseeable given no evidence of prior criminal activity in or around the vestibule where the attack took place (see, Mason v U.E.S.S. Leasing Corp., 96 N.Y.2d 875, 878). No factual issue is raised by the circumstance that the lock on the vestibule's outer door had been removed, allowing access to the vestibule to anyone...

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