| Fischer v River Place I LLC |
| 2014 NY Slip Op 04127 [118 AD3d 473] |
| June 10, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Amy Fischer, Appellant, v River Place I LLC et al., Respondents, et al., Defendants. (And a Third-Party Action.) |
O'Connor, O'Connor, Hintz & Deveney, LLP, Melville (Kevin J. Murtagh of counsel), for appellant.
Kral, Clerkin, Redmond, Ryan, Perry & Van Etten, LLP, Melville (Thomas F. Maher of counsel), for respondents.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered April 19, 2013, which granted the motion of defendants River Place I LLC and Silverstein Properties, Inc. (defendants) for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Following defendants' showing of entitlement to judgment as a matter of law, plaintiff failed to raise a triable issue of fact as to whether the assault upon her by a person she had previously invited into her apartment was foreseeable (see Flynn v Esplanade Gardens, Inc., 76 AD3d 490, 492 [1st Dept 2010]). The record shows that plaintiff's electronic access key had been stolen by her assailant on the day he had visited her apartment, and although plaintiff was aware that the key had been missing for approximately one week, she never reported it to [*2]building management or requested that the key be deactivated.
We have considered plaintiff's remaining contentions and find them unavailing. Concur—Gonzalez, P.J., Sweeny, Moskowitz, Freedman and Kapnick, JJ. [Prior Case History: 39 Misc 3d 1217(A), 2013 NY Slip Op 50636(U).]