Colarossi v. University of Rochester

Hurlbutt, J.P., and Gorski, J. (dissenting).

We respectfully dissent. In our view, plaintiff raised issues of fact whether the shooting was foreseeable and whether reasonable measures could have prevented it. “A landowner has a duty to take reasonable precautions to secure its premises if it knows or has reason to know from past experience ‘that there is a likelihood of conduct on the part of third persons . . . which is likely to endanger the safety’ of users of the premises” (Di Ponzio v Riordan, 224 AD2d 139, 142 [1996], affd 89 NY2d 578 [1997]). “To recover damages from an owner of real…