The within action seeks damages for injuries suffered by plaintiff Herbert H. Schwartz during a robbery in the men's room of a building owned or managed by the defendants.
Although the gravamen of plaintiffs' complaint is that defendants negligently failed to take reasonable precautionary measures to provide adequate security and surveillance in the building, in countering defendants' motion for summary judgment plaintiffs failed to provide any evidence indicating that the person who attacked plaintiff was an intruder or gained access to the building because of any lapse in security. Under these circumstances, there is no triable issue of fact as to whether any alleged negligence on defendants' part was the proximate cause of plaintiff's injuries ( see, Dawson v New York City Hous. Auth., 203 A.D.2d 55) and summary judgment was warranted.
Concur — Ellerin, J.P., Wallach, Nardelli and Williams, JJ.