MICHELLE K. v. STONEHURST III ASSOCIATES


50 A.D.3d 639 (2008)

854 N.Y.S.2d 753

MICHELLE K. et al., Respondents, v. STONEHURST III ASSOCIATES et al., Appellants.

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

Decided April 1, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiff Michelle K. allegedly was injured when she was attacked and sexually assaulted by an intruder in her apartment at a building complex owned by the defendants.

To recover damages from a property owner for injuries caused by criminal acts on the premises, a plaintiff must produce evidence that the owner...

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