Frederick v. 550 Realty Heights, LLC

Dismissal of the complaint was warranted in this action. Although plaintiff alleges that the decedent was fatally shot in the lobby of the building where he resided, and that the shooter and two accomplices were able to gain access due to a negligently maintained lock, defendant established that plaintiff would be unable to demonstrate that the three perpetrators entered the premises by reason of a malfunctioning door lock and that the assailant was an intruder (see Rivera v New York City Hous. Auth., 239 AD2d 114 [1st Dept 1997]). Defendant submitted the sworn written statement and plea…