Schuster v Five G. Assoc., LLC

Schuster v Five G. Assoc., LLC 2008 NY Slip Op 08408 [56 AD3d 260] November 6, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

Tanja Schuster, Appellant,
v
Five G. Associates, LLC, et al., Respondents.

—[*1] Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph, III of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Edward J. O'Gorman of counsel), for respondents.

Judgment, Supreme Court, Bronx County (Norma Ruiz, J.), entered February 27, 2007, in an action for personal injuries sustained in an attack within defendants' building, dismissing the complaint pursuant to an order that granted defendants' motion for summary judgment, unanimously affirmed, without costs.

Defendants made out a prima facie case of entitlement to summary judgment by establishing that the building's door locks were functioning properly on the day of the assault (see Burgos v Aqueduct Realty Corp., 92 NY2d 544 [1998]), and that there was a lack of evidence that the assailant was an intruder, or that there were prior acts of criminality in the building to place defendants on notice of a potential attack (see Buckeridge v Broadie, 5 AD3d 298 [2004]). In response, plaintiff failed to present evidence rendering it "more likely or more reasonable than not that [her] assailant was an intruder who gained access to the premises through a negligently maintained entrance" (Burgos, 92 NY2d at 551).

We have considered plaintiff's other arguments and find them unavailing. Concur—Andrias, J.P., Saxe, Gonzalez, Catterson and Acosta, JJ.