FREDERICK v. 550 REALTY HEIGHTS, LLC

8765, 113232/08.

101 A.D.3d 462 (2012)

955 N.Y.S.2d 586

2012 NY Slip Op 8450

JUEL A. FREDERICK, as Administratrix of the Estate of D'ANGELO ROMEL JORDAN, Appellant, v. 550 REALTY HEIGHTS, LLC, et al., Respondents. (And a Third-Party Action.)

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

December 11, 2012.


Dismissal of the complaint was warranted in this action. Although plaintiff alleges that the decedent was fatally shot in the lobby of the building where he resided, and that the shooter and two accomplices were able to gain access due to a negligently maintained lock, defendant established that plaintiff would be unable to demonstrate that the three perpetrators entered the premises by reason of a malfunctioning door lock and that the assailant was an intruder (see Rivera...

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