Ragona v. Hamilton Hall Realty

In Ragona v. Hamilton Hall Realty (251 A.D.2d 391 [1998]), the plaintiff alleged that she was assaulted in her building lobby because the perpetrator gained access thereto as a result of a broken inner lobby door. The Appellate Division, Second Department, modified the Queens County Supreme Court order and found that plaintiff failed to establish notice of prior criminal activity on the premises so as to put the defendant landlord on notice to take minimal security measures. The Court, however, upheld Supreme Court's denial of defendant's motion for summary judgment on the issue of whether a statutory violation occurred. In pertinent part the Court noted that "the defendant [failed to offer a] reason to cause [the] Court to deviate from the generally-accepted principle that the violation of a statute constitutes negligence per se, and the violation of an ordinance constitutes some evidence of negligence." (Id. at 392.)