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Jang v. Andrew Jackson Condominium

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 420 (N.Y. App. Div. 1999)

Opinion

April 12, 1999

Appeal from the Supreme Court, Queens County (Milano, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff allegedly was assaulted and battered by the defendant Seiji Kanamura in a building owned by the appellant. Kanamura was a business associate of the plaintiff who had visited the plaintiff at this building on numerous prior occasions. The plaintiff alleged, inter alia, that the appellant was negligent in failing to stop Kanamura at the front desk of the building and by failing to warn him that Kanamura was in the building.

The appellant established its entitlement to judgment as a matter of law. In opposition, the plaintiff failed to produce evidence establishing that the appellant knew or should have known of the probability of conduct on the part of Kanamura which was likely to endanger the safety of the plaintiff (see, Jacqueline S. v. City of New York, 81 N.Y.2d 288, 294-295; Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 519-520; Segale v. Nit Wave Mar., 244 A.D.2d 326; Davis v. Jo-Ern Realty Corp., 239 A.D.2d 458). Moreover, the plaintiff's act of opening the locked apartment door, after verbally inquiring and looking through the peephole, and after dark, was an intervening cause of Kanamura's alleged attack, severing any liability of the appellant for failure to provide adequate security (see, S.M.R.K, Inc. v. 25 W. 43rd St. Co., 250 A.D.2d 487; Rivera v. New York City Hous. Auth., 239 A.D.2d 114; Benitez v. Paxton Realty Corp., 223 A.D.2d 431, 432; Elie v. Kraus, 218 A.D.2d 629).

O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.


Summaries of

Jang v. Andrew Jackson Condominium

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 420 (N.Y. App. Div. 1999)
Case details for

Jang v. Andrew Jackson Condominium

Case Details

Full title:CHANG SOO JANG, Respondent, v. ANDREW JACKSON CONDOMINIUM, Appellant, et…

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

Date published: Apr 12, 1999

Citations

260 A.D.2d 420 (N.Y. App. Div. 1999)
687 N.Y.S.2d 731

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