Summary Judgment Obtained in Assault Case

Attorney: Marie Castronuovo

Deshon Davis v. Rochdale Village Inc.  S/Queens
Inadequate Security Case

The Supreme Court, Queens County (Justice Golia), has granted summary judgement dismissing all claims against defendant Rochdale Village in a case that arose out of an assault that occurred inside a building within the Rochdale Village Complex.

The assault took place on the 12th floor hallway outside plaintiff’s apartment as he was waiting for an elevator.  Plaintiff was shot once in the shoulder by one of two masked men. Plaintiff alleged the defendant was negligent in securing the premises against known criminal activity.

Justice Golia found that plaintiff failed to show his assailants gained entry to the building through a negligently maintained doorway and further, failed to show defendant was negligent in providing adequate security in that the locks on the doors were operable on the evening in question and that there was no evidence that the intercom system was inoperable at that time.  Also, Justice Golia determined that the amount of security personnel on premises was adequate and that further discovery demanded by plaintiff  would not establish negligence in the happening of the incident.  Further, the court found that plaintiff’s submission of one prior assault within the building during a one-year time period was insufficient to show defendant had knowledge of prior similar criminal acts.