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IVERY v. OCEANVIEW II ASSOCIATES

8 A.D.3d 440 (2004)

778 N.Y.S.2d 533

DORA IVERY, Respondent, v. OCEANVIEW II ASSOCIATES, Appellant. (And a Third-Party Action.)

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

June 14, 2004.

Ordered that the order is affirmed, with costs.

The defendant, Oceanview II Associates (hereinafter Oceanview), as landlord of the subject building, had a duty to take minimal security precautions against reasonably foreseeable criminal acts by third parties (see James v Jamie Towers Hous. Co., 99 N.Y.2d 639, 641 [2003]). There are issues of fact, inter alia, as to whether the presence of Chester Jones on the premises was...

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