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JUANA SUAZO, plf-res, v. LINDEN PLAZA ASSOCIATES, L.P. def-ap

8829. JUANA SUAZO, plf-res, v. LINDEN PLAZA ASSOCIATES, L.P. def-ap — Cartafalsa, Slattery, Turpin & Lenoff, Tarrytown (Christopher J. Turpin of counsel), for ap — Susan R. Nudelman, Dix Hills, for res — Order, Supreme Court, Bronx County (Lizbeth Gonzlez, J.), entered March 29, 2012, which denied defendants' motion for summary judgment dismissing the complaint, and granted plaintiff's cross motion seeking, as a spoliation sanction, to strike defendants' answer and to grant her partial summary judgment on the issue of liability, unanimously modified, on the law and the facts, to grant the cross motion only to the extent of reducing the spoliation sanction to an adverse inference charge at trial, and otherwise affirmed, without costs.

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8829. JUANA SUAZO, plf-res, v. LINDEN PLAZA ASSOCIATES, L.P. def-ap — Cartafalsa, Slattery, Turpin & Lenoff, Tarrytown (Christopher J. Turpin of counsel), for ap — Susan R. Nudelman, Dix Hills, for res — Order, Supreme Court, Bronx County (Lizbeth Gonzlez, J.), entered March 29, 2012, which denied defendants’ motion for summary judgment dismissing the complaint, and granted plaintiff’s cross motion seeking, as a spoliation sanction, to strike defendants’ answer and to grant her partial summary judgment on the issue of liability, unanimously modified, on the law and the facts, to grant the cross motion only to the extent of reducing the spoliation sanction to an adverse inference charge at trial, and otherwise affirmed, without costs.

Defendants failed to make a prima facie showing of entitlement to summary judgment inasmuch as plaintiff’s daughter’s deposition testimony, proffered by defendants, does not clearly establish that the assailants were “allowed into the building by another tenant,” thus failing to establish that defendants’ alleged security breaches were not a proximate cause of the assault on plaintiff (Burgos v. Aqueduct Realty Corp., 92 NY2d 544, 550-551 [1998]).

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