Kazanoff v. United States

945 F.2d 32 (1991)

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Kazanoff v. United States

United States Court of Appeals for the Second Circuit
945 F.2d 32 (1991)

Facts

Irving Kazanoff (plaintiff) and his wife, Shelley Kazanoff, rented an apartment in a building owned by 100-10 67th Road Condominium Association (association) (defendant). The building, located in New York state, had a locked lobby door and an intercom system. One day, Shelley was murdered in her apartment. Subsequently, Irving, as executor of Shelley’s estate, brought a wrongful-death suit, contending that the association was negligent in failing to provide adequate security for the residents of the building. Although the building superintendent testified that he had heard of several burglaries in the building, there was no documentary evidence indicating a history of criminal activity in the building. The association filed a motion for summary judgment, which was granted by the district court. Irving appealed.

Rule of Law

Issue

Holding and Reasoning (Conboy, J.)

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