Legal Opinion
Kellman v. 45 Tiemann Associates, Inc.
New York Court of Appeals
Decided December 21, 1995PublishedCited by 109 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
An owner of land has a duty under the common law to maintain its premises "in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk” (see, Basso v Miller, 40 NY2d 233, 241). Contrary to defendant landlord’s contentions, its alleged compliance with the applicable statutes and regulations is not dispositive of the question…
2Cases cited2 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Lesocovich v. 180 Madison Avenue Corp.New York Court of Appeals · 1993
3Cited by109 opinions
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- Borley v. United StatesCourt of Appeals for the Second Circuit · 2021
- Branham v. Loews Orpheum Cinemas, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Comeau v. WrayAppellate Division of the Supreme Court of the State of New York · 1997
- Bush v. Mechanicville Warehouse Corp.Appellate Division of the Supreme Court of the State of New York · 2010
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