Miller v. State of New York
New York Court of Appeals
POINTS OF COUNSEL I. The State of New York has the same proprietary liability as a private landlord for injuries sustained by its negligence in operation, management and control of its building.
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POINTS OF COUNSEL I. The State of New York has the same proprietary liability as a private landlord for injuries sustained by its negligence in operation, management and control of its building. (Preston v State of New York, 59 NY2d 997; Curry v New York City Housing Auth., 77 AD2d 534; Rhabb vNew York City Housing Auth., 41 NY2d 200; Duren v City of Binghamton, 172 Mise 580, 258 App Div 694, 283 NY 467; Geigel v New York City Housing Auth., 17 AD2d 838; Sherman v Concourse Realty Corp., 47 AD2d 134; Cohen v New York City Housing Auth., 44 AD2d 817; Cosgrove v State of New York, 277 App Div…
1Opinion of the Court
62 N.Y.2d 506 (1984)
Madelyn Miller, Appellant,
v.
State of New York, Respondent.
Court of Appeals of the State of New York.
Argued May 9, 1984.
Decided June 14, 1984.
Joseph Kelner and Martin Rubenstein for appellant.
Robert Abrams, Attorney-General (Julie S. Mereson and Peter H. Schiff of counsel), for respondent.
Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur with Chief Judge COOKE; Judge KAYE concurs in result in a separate opinion.
Chief Judge COOKE.
When the State operates housing, it is held to the same duty as private landlords in the maintenance of physical security devices in the…
2Cases cited16 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- De Long v. County of ErieNew York Court of Appeals · 1983
- Miller v. State of New YorkNew York Court of Appeals · 1984
- Riss v. City of New YorkNew York Court of Appeals · 1968
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