TORRES v. NEW YORK CITY HOUSING AUTHORITY

The assailants were never apprehended or otherwise identified and in the absence of evidence of a provable claim that the assailants were intruders and, accordingly, that they could not have gained access to the premises but for defendant's negligent maintenance of the front door lock, the grant of defendant's motion for summary judgment was proper ( Burgos v. Aqueduct Realty Corp., 245 A.D.2d 221; Gomez v. New York City Hous. Auth., 249 A.D.2d 175; cf., Naranjo v. New York City Hous. Auth., 247 A.D.2d 246).

Concur — Sullivan, J. P., Rosenberger, Ellerin, Nardelli and Andrias, JJ.