Negron v Franklin Plaza Apt. Complex

Negron v Franklin Plaza Apt. Complex 2007 NY Slip Op 03005 [39 AD3d 281] April 10, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

Liza Negron et al., Appellants,
v
Franklin Plaza Apartment Complex, Respondent, et al., Defendant.

—[*1] Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellants.

Thomas D. Hughes, Greater New York Mutual Insurance Company, New York (David D. Hess of counsel), for respondent.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 20, 2005, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly granted the property defendant's motion for summary judgment for lack of evidence to support plaintiffs' theory, as argued in counsel's affirmation, that the security guards had created a dangerous situation by ejecting from the apartment complex two nonresident teenagers who were threatening a younger boy (Zuckerman v City of New York, 49 NY2d 557 [1980]). Concur—Saxe, J.P., Williams, Buckley, Catterson and Malone, JJ.