Baez v 2347 Morris Realty, Inc.

Baez v 2347 Morris Realty, Inc. 2010 NY Slip Op 00373 [69 AD3d 480] January 19, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

Jacqueline Baez, Respondent,
v
2347 Morris Realty, Inc., Appellant, et al., Defendant.

—[*1] Steven Weissman, New York, for appellant.

Pena & Kahn, PLLC, Bronx (Diane Welch Bando of counsel), for respondent.

Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered December 30, 2008, which, in an action for personal injuries sustained in a rape allegedly caused by inadequate building security, denied defendant landlord's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

An issue of fact as to the foreseeability of the rape is raised by the printouts of police reports and complaints submitted by plaintiff tending to show prior violent criminal activity in or near the subject building, including attacks, as well as prior drug arrests in front of the building, and by plaintiff's testimony that she and other tenants regularly complained to the superintendent about criminal activity and loiterers in the building (see Jacqueline S. v City of New York, 81 NY2d 288, 295 [1993]; Rivera v 1652 Popham Assoc., LLC, 31 AD3d 297, 298 [2006]; Wayburn v Madison Land Ltd. Partnership, 282 AD2d 301, 303-304 [2001]). We have considered defendant's other arguments and find them unavailing. We note the absence of argument by defendant on the issue of causation. Concur—Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.