MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, an undergraduate student, was shot without provocation by a non-student while standing outside a fraternity house located in a residential area of defendant's campus known as the “fraternity quad.” Plaintiff alleged that inadequate security and lighting were a proximate cause of his injuries. Supreme Court denied defendant's motion for summary judgment dismissing the complaint, and by a divided court the Appellate Division reversed and granted defendant summary judgment.

In opposition to defendant's prima facie showing of entitlement to summary judgment, plaintiff presented no evidence other than “[m]ere conclusions, expressions of hope or unsubstantiated allegations” that the alleged insufficient security and lighting in the fraternity quad were a proximate cause of the shooting ( Rodriguez v New York City Housing Auth., , 87 NY2d 887, 888 [citations omitted]), or that the criminal attack was foreseeable or preventable in the normal course of events ( see Maheshwari v City of New York, __ NY3d ___, 2004 NY Slip Op ____, at 6-8 [decided today]). Accordingly, the Appellate Division properly granted defendant summary judgment dismissing the complaint.