New York Court of Appeals
Norma Burgos, Appellant v. Aqueduct Realty Corp., Respondents; Marisela Gomez, Appellant, v. New York City…
November 24, 199892 N.Y.2d 544
Summary
The New York Court of Appeals reversed the Appellate Division’s dismissals, holding that tenants may establish a landlord's liability for criminal assaults by showing that the assailant was an intruder who entered through a negligently maintained entrance, even if the attacker is unidentified. Accordingly, summary judgment was denied in Burgos and the Gomez case was remanded for further proceedings.