Thomas v. City of New York

—In an action to recover damages for wrongful death, etc., the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated January 20, 1994, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

During the early morning hours of January 31, 1989, an intruder entered a storage yard leased by the defendant Board of Education of the City of New York. The intruder shot and killed John Thomas, the night watchman. The plaintiff Lucy Ann Thomas subsequently commenced this wrongful death action,…