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Brandt v. Elghanayan

Appellate Division of the Supreme Court of New York, First Department
Aug 21, 1997
242 A.D.2d 240 (N.Y. App. Div. 1997)

Opinion

August 21, 1997

Appeal from the Supreme Court, New York County (Alfred Toker, J.).


Plaintiff alleges that she was raped and beaten by the only other resident of the building, an employee of defendants, after all other apartments had been vacated. Plaintiff's theory that defendants should be held responsible because they negligently hired the employee was rejected by the IAS Court for lack of evidence that defendants knew or should have known of the employee's violent propensities. We disagree. For purposes of the motion, plaintiff, single and female, showed that defendants placed a single man, knowing nothing about him and making no apparent effort to obtain references, in an apartment in the building, with written permission to be in plaintiff's apartment to make repairs. Such evidence is sufficient to raise issues of fact as to whether defendants breached a duty owing to plaintiff and whether the attack was foreseeable (see, Rivera v. New York City Tr. Auth., 77 N.Y.2d 322, 329). We do not pass upon the admissibility of the attacker's alleged statement to plaintiff during the attack. Plaintiff's remaining causes of action are without merit.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Colabella, JJ.


Summaries of

Brandt v. Elghanayan

Appellate Division of the Supreme Court of New York, First Department
Aug 21, 1997
242 A.D.2d 240 (N.Y. App. Div. 1997)
Case details for

Brandt v. Elghanayan

Case Details

Full title:LESLIE BRANDT, Appellant, v. AGHADJAN ELGHANAYAN et al., Respondents

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

Date published: Aug 21, 1997

Citations

242 A.D.2d 240 (N.Y. App. Div. 1997)
662 N.Y.S.2d 17

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