Appellate Division of the Supreme Court of New York, 1996

Mendez v. 441 Ocean Avenue Associates

Appellate Division of the Supreme Court of New York · Decided December 23, 1996

234 A.D.2d 524; 651 N.Y.S.2d 175; 1996 N.Y. App. Div. LEXIS 13223

Cases that cite this one

5 later published cases cite this decision.

Johnson v. City of New York (Appellate Division of the Supreme Court of New York 2004)
Davis v. Jo-Ern Realty Corp. (Appellate Division of the Supreme Court of New York 1997)
Levine v. Fifth Housing Co. (Appellate Division of the Supreme Court of New York 1997)
Sweeney v. Port Authority of New York and New Jersey (Appellate Division of the Supreme Court of New York 1997)
Todorovich v. Columbia University (Appellate Division of the Supreme Court of New York 1997)

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, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated October 12, 1995, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff seeks to recover damages for personal injuries sustained as a result of a rape committed in the apartment building where she resided and which is owned and managed by the defendants. We find that the Supreme Court properly granted the defendants’ motion for summary judgment. The plaintiffs failed to establish that the defendants had notice of prior criminal activity in the building so as to make the present crime foreseeable (see, Nallan v Helmsley-Spear, Inc., 50 NY2d 507; Grignoli v New York City Hous. Auth., 196 AD2d 525). The plaintiffs’ proof of prior criminal activity in the neighborhood surrounding the defendants’ building was patently insufficient to raise a triable issue of fact (see, Rozhik v 1600 Ocean Parkway Assocs., 208 AD2d 913; cf., Jacqueline S. v City of New York, 81 NY2d 288). Miller, J. P., Ritter, Sullivan, Friedmann and Krausman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.