On v. BKO Express LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
This appeal requires us to consider, once again, a seminal issue that has been central to our study of tort law since Palsgraf v Long Is. R.R. Co. (248 NY 339 [1928])—how the foreseeability of harm interconnects with the imposition of a duty in tort. The facts are as follows:
On a late, rainy summer night in 2009, defendant Mohamed Laaribi, a livery cab driver for defendant BKO Express LLC, picked up two fares from a street hail after he had stopped for a red light. The passengers asked Laaribi to take them to a Hunts Point address in the Bronx, and gave him some…
2Cases cited15 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
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