Neal v Spitz & Peck Floral Decorators

[*1] Neal v Spitz & Peck Floral Decorators 2015 NY Slip Op 51917(U) Decided on December 30, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 30, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe III, P.J., Shulman, Ling-Cohan, JJ.
570967/15

Joann Neal and Kenneth Neal, Plaintiffs-Respondents,

against

Spitz and Peck Floral Decorators, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), dated June 12, 2015, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Jose A. Padilla, Jr., J.), dated June 12, 2015, affirmed, with $10 costs.

Plaintiffs-tenants commenced this action to recover damages for losses sustained in a burglary allegedly caused by defendant's act of placing tape over the lock on the subject building's front security gate. Multiple issues of fact regarding defendant's liability preclude summary judgment, including whether the burglar(s) gained entry to the building as a result of the taped over lock.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 30, 2015