Gilmartin v. Helmsley-Spear, Inc

In Gilmartin v. Helmsley-Spear, Inc., 162 AD2d 275 (1st Dept. 1990) defendant security services' company provided security service at a housing complex where plaintiff was injured, in the lobby, by an intruder. The Court denied the security company's motion for summary judgment, finding "questions of fact as to the [security] staff's change in shift procedures, which, along with other factors, allowed the complex to be unguarded for at least 15 minutes. It was during one of these shift changes that the robbery occurred." Gilmartin v. Helmsley-Spear, Inc., supra, 162 AD2d at 275.