FELIX v. KRAUS MANAGEMENT, INC.


35 A.D.3d 273 (2006)

827 N.Y.S.2d 121

ROGELIO FELIX, Respondent, v. KRAUS MANAGEMENT, INC., Appellant.

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

Decided December 19, 2006.


Although there may be a reasonable dispute as to whether the building's entrance lock was working properly on the day in question, the videotape evidence of the incident clearly shows that when plaintiff entered the building he was followed closely by his assailants. Contrary to plaintiff's suggestion, there was no opportunity for him to have closed the door behind him before the assailants had entered. Thus, absent any proof that defendant's alleged negligence in failing...

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