(Download) "Margaret Gilmartin v. Helmsley-Spear" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Margaret Gilmartin v. Helmsley-Spear
- Author : Supreme Court of New York
- Release Date : January 19, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Negligence cases by their nature do not usually lend themselves to summary judgment (Vgariza v Schneider, 46 N.Y.2d 471, 474)
and this case falls within that principle. The mere existence of an intervening criminal act by a third person will not completely
absolve a defendant landlord or defendant's security service from liability where such defendants should have reasonably anticipated
a risk of harm from criminal activity to persons on the premises (see Muniz v Lefran Realty Corp., A.D.2d , NYLJ, 3/28/90,
p. 21, col. 3, lv to appeal granted, May 31, 1990). In 1986, plaintiff, a tenant in the Parkchester housing complex in the Bronx, was injured when she was forcibly robbed by
an unknown intruder in the lobby of her apartment building. Our review of the record reveals that there are questions of fact
as to the staff's change in shift procedures, which, along with other factors, allowed the complex to be unguarded for at
least 15 minutes. It was during one of these shift changes that the robbery occurred.
 "Margaret Gilmartin v. Helmsley-Spear" by Supreme Court of New York * eBook PDF Kindle ePub Free){kind=link}