Associated Mutual Insurance Cooperative v. 198, LLC

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered on or about June 5, 2009, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint, affirmed, with costs.

As an adjacent landowner, defendant owed plaintiffs insured “a duty to exercise reasonable care in the maintenance of its property to prevent foreseeable injury that might occur on the adjoining property” (Brown v Long Is. R.R. Co., 32 AD3d 813 [2006]). In light of the long history of criminal activity on the premises and defendant’s awareness of that activity, whether the damage that…