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FISCHER v. RIVER PLACE I LLC

12706, 100990/06.

118 A.D.3d 473 (2014)

987 N.Y.S.2d 608

2014 NY Slip Op 4127

AMY FISCHER, Appellant, v. RIVER PLACE I LLC et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided June 10, 2014.

Following defendants' showing of entitlement to judgment as a matter of law, plaintiff failed to raise a triable issue of fact as to whether the assault upon her by a person she had previously invited into her apartment was foreseeable (see Flynn v Esplanade Gardens, Inc., 76 A.D.3d 490, 492 [1st Dept 2010]). The record shows that plaintiff's electronic access key had been stolen by her assailant on the day he had visited her apartment...

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