S.M.R.K., Inc. v. 25 West 43rd Street Co.

—Judgment, Supreme Court, New York County (Diane Lebedeff, J.), entered March 19, 1997, in an action to recover damages allegedly sustained, as a result of inadequate building security, dismissing the complaint against the building owners and managing agent and the third-party complaint against a security guard company, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered December 5, 1996, which granted defendants’ and third-party defendant’s motions for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The…