Dismissal of the complaint was warranted in this action where plaintiff was beaten up in the elevator of defendant's building. There is a lack of evidence from which it could reasonably be inferred that a proximate cause of plaintiff's assault was a negligently maintained entrance. Defendant offered proof that the entrance had been checked and found without defect on th day of the assault (see Burgos v Aqueduct Realty Corp.,
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VALENTIN v. CITY OF NEW YORK
9057, 24072/13.
171 A.D.3d 573 (2019)
96 N.Y.S.3d 843
2019 NY Slip Op 02971
Eileana Valentin, Appellant, v. City of New York, Defendant, and New York City Housing Authority, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 18, 2019.
Decided April 18, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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