Paradiso v. Apex Investigators & Security Co.

— Order, Supreme Court, Bronx County (Silbowitz, J.), entered on January 30, 1981, which denied defendant-appellant Apex’ motion to dismiss the complaint for failure to state a cause of action or, in the alternative, for summary judgment, reversed, on the law, and the motion for summary judgment granted, without costs. Plaintiff and another employee were shot during a Pathmark supermarket robbery occurring several minutes after closing time. Defendant Apex furnished security guards and services for the market. The uniformed guard had received permission from the manager to go to the bathroom…