DE LUNA-COLE v. FINK


45 A.D.3d 440 (2007)

846 N.Y.S.2d 129

MARISOL DE LUNA-COLE et al., Respondents, v. LAWRENCE FINK et al., Appellants.

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

Decided November 20, 2007.


Plaintiff was assaulted during business hours, at a time when the building's lone doorman had left his post in the lobby, as was typical, to attend to other tasks and to take his lunch. The building's front door had been left open and the internal stairwell and elevator unlocked, as was also typical, while the doorman was away from his post. A video camera in the lobby operated only during nonbusiness hours. In the several years...

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