Opinion
June 17, 1993
Appeal from the Supreme Court, New York County (Carol E. Huff, J.).
There being no real controversy over how the intruder gained access to plaintiff's terrace, and plaintiff's injuries were such "as normally to have been expected to ensue from [defendant's alleged] dereliction" (Martinez v. Lazaroff, 48 N.Y.2d 819, 820), we reject defendant's argument that there are no triable issues of proximate cause, and leave it to the jury to decide whether plaintiff's leaving the terrace window of her top floor apartment partially open on a summer's night was an independent, intervening act that severed the causal connection between defendant's alleged negligence in providing security against intruders and the ability of the intruder who attacked plaintiff to gain access to her apartment (see, Jacqueline S. v. City of New York, 81 N.Y.2d 288; Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315-316; Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 518-519).
Concur — Murphy, P.J., Carro, Wallach, Kassal and Nardelli, JJ.