Faisal Tamimu v River Park Associates

Tamimu v River Park Assoc. 2004 NY Slip Op 04866 [8 AD3d 93] June 10, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

Faisal Tamimu, Respondent,
v
River Park Associates, Appellant, et al., Defendant.

—[*1]

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered December 19, 2003, which, inter alia, denied the motion of defendant River Park Associates for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The evidence indicating that plaintiff, a long-time resident of defendant River Park's housing complex, was slashed on the complex grounds by a stranger who gained access to the complex by car, notwithstanding security protocols which, if adhered to, would have prevented unauthorized vehicular access to the complex, sufficed to raise triable issues as to whether plaintiff's harm was a foreseeable consequence of negligence by defendant property owner in meeting such obligation as it had to secure its premises against intruders (see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 551 [1998]). Concur—Tom, J.P., Saxe, Ellerin, Williams and Gonzalez, JJ.