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Ramos v. 1199 Housing Corp.
Citations: 253 A.D.2d 806; 678 N.Y.S.2d 110; 1998 N.Y. App. Div. LEXIS 9652
Court: Appellate Division of the Supreme Court of the State of New York; September 21, 1998; New York; State Appellate Court
In a wrongful death action, the plaintiff appeals a Supreme Court order that granted summary judgment to the defendant, 1199 Housing Corporation, and the third-party defendant, Watchdog Patrols, Inc., dismissing the complaint. The case arises from the 1991 murder of Damaris Ramos in a building owned by 1199, with no arrests made or evidence identifying the assailant or how they accessed the building. Ramos's mother alleged negligence in the building's maintenance as a cause of the murder. After three years, 1199 brought Watchdog into the case, and both defendants sought summary judgment. The court affirmed the lower court’s decision, noting that the plaintiffs failed to provide factual evidence supporting the claim that an intruder entered due to 1199's negligence. Consequently, no material questions of fact existed regarding the proximate cause of the incident. The court also found the plaintiff's additional arguments to be without merit. The ruling was upheld with costs awarded to the defendants.