Smith v. New York City Housing Authority

Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 3, 2014, which denied the motion of defendants New York City Housing Authority and Grenadier Realty Corp. for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

In this wrongful death action alleging negligent premises security, defendants met their prima facie burden by pointing to undisputed evidence that the assailant remains unknown, and it remains unknown whether he or she was an…