Burgos v. Aqueduct Realty Corp

In Burgos v. Aqueduct Realty Corp. (92 N.Y.2d 544), the court stated that: "A plaintiff who sues a landlord for negligent failure to take minimal precautions to protect tenants from harm can satisfy the proximate cause burden at trial even where the assailant remains unidentified, 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. . ." Even if tenant had been able to establish that the front door lock was defective, the evidence did not render 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 (Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, supra).