VAN LIEW v. HEIGHTS MGT. CO., LLC

8112, 100297/09.

98 A.D.3d 907 (2012)

951 N.Y.S.2d 494

2012 NY Slip Op 6370

KRISTEN RHEA VAN LIEW, Respondent, v. THE HEIGHTS MANAGEMENT COMPANY, LLC, et al., Appellants.

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

September 27, 2012.


Plaintiff, a tenant in a building owned and managed by defendants, was assaulted by an intruder who gained access to the building when she opened the door for him and he subsequently pushed his way into her apartment while she was attempting to lock her deadbolt. The complaint should have been dismissed, as plaintiff failed to submit any evidence of a defect in security that caused her assault. Indeed, she admittedly opened a perfectly functioning lock to allow her assailant...

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