BLAKE v. UNIVERSITY OF ROCHESTER


304 A.D.2d 466 (2003)

758 N.Y.S.2d 323

PHILIP BLAKE, Appellant, v. UNIVERSITY OF ROCHESTER, Respondent, et al., Defendant.

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

Decided April 24, 2003.


Although plaintiff alleges that but for defendant University's failure to secure its premises adequately he would not have been assaulted at the University's athletic facility during an intramural basketball game by a player on the opposing team, the record fails to disclose the existence of any triable issue as to whether inadequate premises security was a cause of plaintiff's harm. We are unable to discern any nonspeculative evidentiary basis for plaintiff's assertion that...

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