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CERDA v. 2962 DECATUR AVENUE OWNERS CORP.

306 A.D.2d 169 (2003)

761 N.Y.S.2d 220

VICTOR CERDA, Appellant, v. 2962 DECATUR AVENUE OWNERS CORP. et al., Respondents. (And a Third-Party Action.)

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

Decided June 24, 2003.

The motion court properly granted defendant landlords summary judgment in this personal injury case. As in Rivera v New York City Hous. Auth. (239 A.D.2d 114 [1997]), the alleged proximate cause of the tenant's injuries, the landlord's negligence in failing to repair a broken front door lock thereby allowing the intruder-perpetrator's entry, is seriously undermined by strong evidence of the unforeseeable existence of a preconceived...

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