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THE NATIONAL CRIME VICTIM BAR ASSOCIATION CIVIL JUSTICE DATABASE

Siler v. 146 Montague Associates
663 N.Y.S.2d 838, Ct.App., NY, 09/18/1997
Category Victim v. Third Party 
Topic Premises, Landlords 
Filename Failure to Supervise 
Crime Assault 
Location Apartment Building 
Prevailing Party Defendant 
Other Parties Landlord 
Holding

Statement of Facts: The plaintiff, Sharon Ashley Siler, was assaulted by a plumber who had obtained keys to her apartment after performing work for her landlord. The plaintiff sued her landlord, 146 Montague Associates, and was awarded $1.25 million. Her husband was awarded $100,000. The landlord appealed, seeking apportionment of liability against the assailant. Holding: The Supreme Court, Appellate Division, affirmed the trial court's judgment, as modified and remitted the matter for a new trial. The plaintiff appealed. The Court of Appeals of New York granted the motion to dismiss the appeal and dismissed the appeal. The Court concluded that the Appellate Division did not have the power to grant leave to appeal to the Court on a certified question from the order granting a new trial. 


Damage Award $1.25 million/plaintiff + $100,000/her husband (at trial) 
Victim's Counsel     
Plaintiff's Counsel Not listed 
Plaintiff's Expert      
Defense Counsel Not listed 
Defense Expert      

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