Fowler v. New York City Housing Authority

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered July 3, 1996, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this negligence action premised on allegedly inadequate security measures, plaintiffs claim that his assailants were not residents of the building or invitees is based on his assumption that since he did not recognize them and has not seen them since the attack, they must have been intruders. Such conclusions are speculative and insufficient as a matter of law to establish proximate cause (Tolliver…