Robert Neff (Of Counsel-Madison, NJ) received affirmance from the Appellate Division of Superior Court in New Jersey of a summary judgment awarded to Wilson Elser’s client, a large Housing Authority in New Jersey, in a wrongful death case involving a drive-by shooting resulting in the death of plaintiff’s decedent. The 19-year-old man was at a housing development run by the Authority when four assailants entered the development through the unmanned gatehouse, gunned him down, and sped away. The allegation against the Authority was negligence in failing to provide proper security, particularly with respect to the gatehouse at the only entrance to the development, which was not staffed, and where the security gate had not been operational for many years. The city’s Police Department was a codefendant on an allegation of negligent policing pursuant to the terms of an agreement with the Authority to provide police patrols. Our motion to bar an expert report supporting the plaintiff’s theories of liability as untimely served was granted, and plaintiff’s interlocutory appeal was denied. Robert then moved for summary judgment, arguing that the facts of the case did not support the plaintiff’s theory that security was lax, that the plaintiff could not establish a breach of duty, and that the plaintiff had no expert to support the theory of breach or proximate cause. The Police Department then cross-moved for summary judgment, adopting Robert’s arguments and asserting their own immunity defense. The judge agreed with our position, granting summary judgment to the Authority for lack of a factual basis and for the lack of an expert report to support breach and causation. The court below also agreed with the Police Department’s arguments, and granted its motion as well. The plaintiff then appealed. In a unanimous decision, the Appellate Division affirmed the motion judge’s decision on all grounds. The plaintiff’s settlement demand was $2 million. The authority never made an offer.