In Brewster v. Prince Apartments, Inc. (264 AD2d 611 [1st Dept 1999]), the Appellate Division, First Department, held that: To recover in premises security cases where the defect alleged is a negligently maintained entrance, the plaintiff must show that the assailant was an intruder. However, a "plaintiff need not conclusively prove that the assailant was an intruder." Rather, a plaintiff can satisfy the proximate cause burden at trial "if the evidence renders it more likely or more reasonable than not that the assailant was an intruder who gained access to the premises through a negligently maintained entrance."