Opinion
1369
June 10, 2003.
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered July 31, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Madeline Lee Bryer, for plaintiff-respondent.
David A. Glazer, for defendant-appellant.
Before: Buckley, P.J., Mazzarelli, Rosenberger, Friedman, Marlow, JJ.
The record contains evidence sufficient to raise triable issues as to whether defendant landlord knew or should have known of a likelihood that third persons might endanger the safety of those lawfully on its premises (see Florman v. City of New York, 293 A.D.2d 120, 124), and as to whether defendant satisfied such duty, if any, to offer protection against criminality on its premises (see Todorovich v. Columbia Univ., 245 A.D.2d 45, 46, lv denied 92 N.Y.2d 805). Credibility questions raised by testimony as to the condition of the building door at the time of the incident are not appropriately resolved on summary judgment (see e.g. Arroyo v. Fourteen Estusia Corp., 186 A.D.2d 476, 477).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.