Jacqueline S. v. City of New York

(dissenting). I respectfully dissent and vote to affirm the Appellate Division order dismissing plaintiff’s case. *296The ultimate effect of the Court’s ruling will be to render the defendant, New York City Housing Authority, an unlimited insurer of the safety of its premises against urban crime. The legal, fiscal and policy consequences of such a rule, which imposes a sweeping negligence liability burden of impossible practical and functional dimensions, are unwarranted.

A landlord is generally not responsible for guaranteeing the safety of tenants against the criminal acts of third parties.…