| Neal v Spitz & Peck Floral Decorators |
| 2015 NY Slip Op 51917(U) [50 Misc 3d 130(A)] |
| Decided on December 30, 2015 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Jose A. Padilla, Jr., J.), dated June 12, 2015, which denied its motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Jose A. Padilla, Jr., J.), dated June 12, 2015, affirmed, with $10 costs.
Plaintiffs-tenants commenced this action to recover damages for losses sustained in a burglary allegedly caused by defendant's act of placing tape over the lock on the subject building's front security gate. Multiple issues of fact regarding defendant's liability preclude summary judgment, including whether the burglar(s) gained entry to the building as a result of the taped over lock.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.