CABRERA v. HIRTH


8 A.D.3d 196 (2004)

779 N.Y.S.2d 471

JOSE CABRERA, Appellant-Respondent, v. SIDNEY HIRTH et al., Respondents-Appellants, et al., Defendants.

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

June 24, 2004.


Plaintiff, a repairman who worked on the premises, was assaulted and robbed by the nonappealing defendant, an apartment dweller, at the mixed-use residential/commercial building owned, leased and managed by defendants Hirth, 1509 St. Nicholas Associates and Proto Realty Management. The case went to trial on the question of whether the property owner/lessor/manager had been negligent in not evicting the perpetrator and members of his household, pursuant to Real Property Law...

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