Schwartz v. Niki Trading Corp.

—Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered March 30, 1995, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion granted, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

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…