Tagle v. Jakob

We respectfully dissent. Although defendant Donna Jakob (hereinafter defendant) may not have an obligation as the property owner to repair the defective condition created by the electric company’s use of the easement, we do not believe — under these circumstances — that the property owner was relieved of all responsibility for the safety of visitors.

*575In Basso v Miller (40 NY2d 233), the Court of Appeals established “[t]he single standard of reasonable care under the circumstances whereby foreseeability shall be a measure of liability” (id., at 241). Here, although the dangerous condition was…