GONZALEZ v. 231 OCEAN ASSOCIATES

15693, 23580/04.

131 A.D.3d 871 (2015)

16 N.Y.S.3d 542

2015 NY Slip Op 06868

JUAN GONZALEZ, as Administrator of the Estate of NANCY BARBOSA, Deceased, et al., Appellants, v. 231 OCEAN ASSOCIATES et al., Respondents.

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

Decided September 22, 2015.


In this action for negligent security, defendants are not entitled to judgment as a matter of law on plaintiffs' negligence cause of action. There are triable issues of fact as to whether defendants breached their duty to take minimal security precautions to protect plaintiff's decedent from the criminal acts of third-party intruders and as to whether any such failure was a proximate cause of the attack on her (see Burgos v...

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