Legal Opinion

Scurti v. City of New York

New York Court of Appeals

Decided June 17, 1976PublishedCited by 151 opinions

1Opinion of the CourtWachtler, J.

Today the court has held that the liability of a landowner to one injured upon his property should be governed, not by the ancient and antiquated distinctions between trespassers, licensees, and invitees decisive under common law, but rather by the standard applicable to negligence cases generally, i.e., the "standard of reasonable care under the circumstances whereby foreseeability shall be a measure of liability” (Basso v Miller, 40 NY2d 233, 241). This case involves the further application of that standard and consideration of those factors, conclusive under prior law, which may continue…

2Cases cited28 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Andre v. PomeroyNew York Court of Appeals · 1974
  3. Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
  4. Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
  5. Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870

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3Cited by151 opinions

  1. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  2. Turcotte v. FellNew York Court of Appeals · 1986
  3. Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
  4. Ferres v. City of New RochelleNew York Court of Appeals · 1986
  5. Barker v. KallashNew York Court of Appeals · 1984

146 more not listed; retrieve them via the Exa API.

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