AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

ARTURO BENITEZ, Appellant, v. PAXTON REALTY CORP., Respondent.

Summary judgment was properly granted on the ground that plaintiff, a guest of a tenant in a building owned by defendant, failed to come forward with any competent evidence raising a genuine issue of fact as to whether his assailants gained access to the building as a result of defendant's negligence. Without any proof whatsoever as to the manner in which his assailant gained access to the building, plaintiff cannot prove that defendant's negligence, if any, was the proximate cause of his injuries ( Kistoo v City of New York, 195 A.D.2d 403, 404). Moreover, plaintiff's act of opening the locked apartment door, without first checking who was at the door, after dark, despite the fact that he had a peephole, was an intervening cause of the assailants' attack, severing any liability of defendant for failure to provide adequate security ( Elie v Kraus, 218 A.D.2d 629, 630-631). Further, there was no showing of any history of criminal conduct on the premises.

Concur — Rosenberger, J.P., Wallach, Rubin, Nardelli and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

BENITEZ v. PAXTON REALTY CORP
(Jan 18, 1996)