Bonano v. S.Z. Realty Corp.

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 2, 1998, which, in an action by plaintiff tenant against defendant landlord for personal injuries allegedly sustained as a result of an assault committed by another building tenant on the roof of the building, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

An issue of fact exists as to whether the crime committed against plaintiff was foreseeable, raised by evidence of criminal activity on the roof, including vandalism and rampant drug use, during the long…