Folks v. New York City Housing Authority
Cases that cite this one
7 later published cases cite this decision.
- Ortiz v. New York City Housing Authority (District Court, E.D. New York 1998)
- Ali v. City of New York (Appellate Division of the Supreme Court of New York 2008)
- Cobb v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 1998)
- Irizarry v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 1998)
- Ramos v. 1199 Housing Corp. (Appellate Division of the Supreme Court of New York 1998)
- Woodley v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 1997)
- Maria S. v. Willow Enterprises Inc. (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated January 10, 1995, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the defendant’s motion is granted, and the complaint is dismissed.
The plaintiff was a resident of a three-story apartment building located in the Bruekelen Housing Project, which is owned and operated by the defendant. On April 24,1990, two unidentified assailants fired four shots through the closed door of the plaintiffs apartment striking him in the leg. There were no arrests made and there is no evidence in the record indicating the identity of the assailants or how they gained access to the building. Thereafter, the plaintiff commenced this action against the defendant alleging that his injuries were due solely to its negligence in failing to provide adequate security measures.
The defendant made out a prima facie case for summary judgment. Although the plaintiff contends that his shooting was related to alleged criminal activities occurring in an adjacent apartment, he failed to adduce proof demonstrating a nexus between the alleged drug dealing in the adjacent apartment and his shooting. Instead, the plaintiff raised conclusory and unsubstantiated allegations which are insufficient to defeat a motion for summary judgment (see, Zuckerman v City of New York, 49 NY2d 557, 562).
The plaintiff failed to adduce evidence that his assailants were intruders who gained entry to the premises because of an
The plaintiff adduced no factual support for his contention that the lighting was inadequate and that the lighting was the proximate cause of his injuries. The complaint and bill of particulars merely raised conclusory allegations to that effect, which, standing alone, are insufficient to defeat a motion for summary judgment (see, Rodriguez v New York City Hous. Auth., 87 NY2d 887).
Accordingly, the defendant’s motion for summary judgment should have been granted. Ritter, J. P., Pizzuto, Santucci and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.