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Absent Forseeability Defendant Landowner Not Liable for Assault

October 9, 2009

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In Jose Ortiz v. Wiis Realty Corp., plaintiff filed a complaint seeking to recover damages for personal injuries he sustained when he was assaulted on defendant’s property. Wiis Realty moved for summary judgment, which the Supreme Court, Bronx County denied. Wiis Realty appealed.
The Appellate Division, First Department, reversed the trial court’s ruling and granted Wiis Realty’s summary judgment motion. The court held that the plaintiff failed to introduce any competent evidence of past criminal activity of “the same or similar type” on defendant’s property that would have raised a triable issue of fact with regard to foreseeability.
Thanks to Brad Thelander for his contribution to this post.
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