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PEREZ v. McFARLANE

18 A.D.3d 232 (2005)

794 N.Y.S.2d 359

JENNIFER PEREZ, Respondent, v. BYRON McFARLANE et al., Appellants.

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

May 5, 2005.

Absent any proof other than plaintiff's unsupported and speculative claim that the intruder who assaulted her in her apartment gained access to the premises through a window in an adjacent garage/office that had been left open on two occasions several months earlier, the claim that defendants' negligence or inadequate security measures permitted the intruder to gain entry is insufficient to defeat defendants' motion for summary...

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