Practice point: A possessor of real property is under a duty to maintain reasonable
security measures to protect those lawfully on the premises from
reasonably foreseeable criminal acts of third parties. Here, the defendants failed to meet their prima facie burden of establishing
entitlement to judgment as a matter of law by demonstrating that they
took reasonable security measures against foreseeable criminal acts of
third parties.
Student note: A defendant cannot satisfy its initial
burden merely by pointing to gaps in the plaintiff's case.
Case: Deinzer v. Middle Country Pub. Lib, NY Slip Op 06169 (2d Dept. 2014)
Here is the decision.
Monday's issue: Summary judgment as to liability in an action involving a pedestrian struck by an automobile.
