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New York Court of Appeals, 1999

Torres v. New York City Housing Authority

Torres v. New York City Housing Authority
New York Court of Appeals · Decided February 16, 1999
93 N.Y.2d 828; 687 N.Y.S.2d 618; 710 N.E.2d 264; 1999 N.Y. LEXIS 25

Torres v. New York City Housing Authority

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendant’s motion for summary judgment denied.

Although plaintiffs assailants in this premises security case remain unidentified, plaintiff has raised a triable issue of fact as to whether it was “more likely or more reasonable than not” that the assailants were intruders “who gained access to the premises through a negligently maintained entrance” (Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548).

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

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

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