In Fontanez v. New York City Housing Authority, 224 A.D.2d 372 (1st Dept. 1996), the plaintiff entered her apartment building's lobby and noticed a young man loitering. When the man let two other men into the lobby, all three unknown to the plaintiff, she became suspicious and entered the stairwell instead of the elevator. She ran up the stairs to the third floor, where her friend had an apartment. The plaintiff was unable to enter the third floor landing, however, because the stairway door had no handle. When plaintiff turned to go up another floor, one of the men who had followed her hit her in the face with a revolver. In Fontanez the First Department Appellate Division upheld the denial of the defendant Housing Authority's motion for summary judgment. The court deemed summary judgment inappropriate because the plaintiff raised issues of fact as to whether the missing door handle, which prevented plaintiff's escape, contributed to the criminal assault on plaintiff and whether the occurrence was reasonably foreseeable. As noted in the dissent, summary judgment was denied even though "no evidence [was] presented whatsoever to indicate how the first assailant gained access to the building" (Id., p. 374). The court was not concerned with how the assailant gained entry to the apartment building, the court was concerned with whether issues of fact existed as to whether the Housing Authority's inadequate maintenance was a substantial contribution to the plaintiff's injuries.