Public-domain · open source
OpenJurist

160 A.D.2d 597

Freno v. Sutton

Appellate Division of the Supreme Court of the State of New York · decided 1990-04-24

Cited by 1 later decisions — most recently December 2004

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-24

View the full empirical analysis of this case →

¶1—Order, Supreme Court, New York County (Andrew Tyler, J.), entered on or about February 21, 1989, which, inter alia, denied the motion of defendant and fourth-party defendant Silk and Halpern Realty Associates, Inc. for summary judgment dismissing the complaint, is unanimously affirmed, without costs.

¶2Plaintiff was shot and stabbed when, in the normal course of his business, he entered an office in a building managed by defendant. While the record shows that defendant did take precautions to provide for the safety of individuals entering the premises by stationing security personnel in the lobby, and that prior criminal activity in the building was minimal (compare, Nallan v Helmsley-Spear, Inc., 50 NY2d 507; Miller v State of New York, 62 NY2d 506), there is also evidence that a freight entrance was left open and unattended during business hours, and that building personnel, whose duty it was to screen visitors, rarely if ever inquired as to the business of strangers entering the building. This sufficed to give rise to a triable issue as to whether the precautions taken were reasonable under the circumstances. Concur—Milonas, J. P., Ellerin, Wallach and Rubin, JJ.

/160/ad2d/597 · .json · Public domain