Simms v. St. Nicholas Avenue Hotel Co.

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about October 31, 1991, inter alia, granting defendants-respondents’ cross-motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The IAS Court properly dismissed the complaint of a tenant who sued the defendant SRO hotel and its partners to recover damages for injuries incurred when he was assaulted in the lobby by two other tenants. Plaintiff failed to establish that the landlord had the ability or a reasonable opportunity to control the aggressors and that the…