FLYNN v. ESPLANADE GARDENS, INC.

2197, 111631/05

76 A.D.3d 490 (2010)

907 N.Y.S.2d 189

MARK FLYNN, Respondent, v. ESPLANADE GARDENS, INC., et al., Appellants-Respondents, and SECURITAS SECURITY SERVICES USA, INC., Respondent-Appellant. (And a Third-Party Action.)

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

Decided August 31, 2010.


On the morning of March 31, 2005, plaintiff heard a knock on the door of his apartment in Esplanade's building. He looked through the peephole and saw his former girlfriend, Maria Smith, who identified herself. Only a few days before, plaintiff had broken off his year-long relationship with Smith because his fiancée was being released from prison. Smith had not been announced to plaintiff through the intercom system when she entered the building. When plaintiff opened...

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