Legal Opinion

Benitez v. Paxton Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 1996PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County *432(Luis Gonzalez, J.), entered August 31, 1994, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted on the ground that plaintiff, a guest of a tenant in a building owned by defendant, failed to come forward with any competent evidence raising a genuine issue of fact as to whether his assailants gained access to the building as a result of defendant’s negligence. Without any proof whatsoever as to the manner in which his assailant gained access to the building,…

2Cases cited2 opinions

  1. Kistoo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  2. Elie v. KrausAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by9 opinions

  1. Henry-Lee v. City of New YorkDistrict Court, S.D. New York · 2010
  2. Rivera v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  3. Carmen P. v. PS&S Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Mason v. U.E.S.S. Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Madera v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999

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