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ORTIZ v. WIIS REALTY CORP.

1124, 14199/06

66 A.D.3d 429 (2009)

887 N.Y.S.2d 10

2009 NY Slip Op 7162

JOSE ORTIZ, Respondent, v. WIIS REALTY CORP., Appellant.

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

Decided October 6, 2009.

Defendant met its burden on summary judgment with a prima facie showing establishing as a matter of law that the criminal assault upon plaintiff by an unknown assailant was unforeseeable, i.e., not reasonably predictable (see Maria T. v New York Holding Co. Assoc., 52 A.D.3d 356, 358 [2008], lv denied 11 N.Y.3d 708 [2008]; Williams v Citibank, 247 A.D.2d 49

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