ACOSTA v. MEC REALTY


304 A.D.2d 778 (2003)

760 N.Y.S.2d 505

GLORIA ACOSTA et al., Appellants, v. MEC REALTY, Respondent.

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

Decided April 28, 2003.


Ordered that the order is affirmed, with costs.

The plaintiffs' decedents were shot and fatally wounded during an armed robbery of a store owned by the defendant. The plaintiff Eric Caraballo was the sole survivor of the incident, which occurred after the store was closed for the evening. The plaintiffs commenced this action to recover damages for wrongful death and personal injuries, alleging that the defendant negligently failed to provide adequate security. After...

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