Legal Opinion

On v. BKO Express LLC

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 2017No. 307160/11 1753PublishedCited by 5 opinions

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

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Pulka v. EdelmanNew York Court of Appeals · 1976
  3. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  4. Tobin v. GrossmanNew York Court of Appeals · 1969
  5. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001

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

3Cited by5 opinions

  1. Dibrino v. Rockefeller Ctr. North, Inc.Appellate Division of the Supreme Court of the State of New York · 2024
  2. Dibrino v. Rockefeller Ctr. North, Inc.Appellate Division of the Supreme Court of the State of New York · 2024
  3. Forest Walnut LLC v. AbizkerAppellate Division of the Supreme Court of the State of New York · 2024
  4. Forest Walnut LLC v. AbizkerAppellate Division of the Supreme Court of the State of New York · 2024
  5. McCollum v. BaldwinDistrict Court, S.D. New York · 2023

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API