Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
Bronx County (Bronx)
Slip Opinion Number
2024 NYSlipOp 01338
Petitioner
Antonio Francisco Cabrera-Perez
Respondent
The Promesa Housing Development Fund Corporation et al.
Judge
Kern, Friedman, Kapnick, Gesmer, Rodriguez
Decision/Order Date
2024-03-14
Posture
Post-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In a negligent security case involving a home invasion, the tenant alleged that the landlord's inadequate security measures, including malfunctioning locks and a defective peephole, contributed to the incident. The court denied the landlord's motion for summary judgment, highlighting that issues of fact existed regarding proximate cause and the adequacy of security measures. The tenant's cross-motion for a negative inference charge due to spoliation of surveillance footage was granted, underscoring the landlord's duty to preserve evidence relevant to the case.
Recommended Citation
"Cabrera-Perez v. Promesa Hous. Dev. Fund Corp." (2024). All Decisions. 1562.
https://ir.lawnet.fordham.edu/housing_court_all/1562
