Legal Opinion
Burgos v. Aqueduct Realty Corp.
New York Court of Appeals
Decided November 24, 1998PublishedCited by 215 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
These appeals return us to a regrettably recurring modern-day issue: when is a landlord of negligently secured premises liable to a tenant injured by a third party’s criminal attack? Landlords have a “common-law duty to take minimal precautions to protect tenants from foreseeable harm,” including a third party’s foreseeable criminal conduct (Jacqueline S. v City of New York, 81 NY2d 288, 293-294, rearg denied 82 NY2d 749; see, Nalian v Helmsley-Spear, Inc., 50 NY2d 507, 519-520). A tenant may recover damages, however, only on a showing that the landlord’s…
2Cases cited10 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Miller v. State of New YorkNew York Court of Appeals · 1984
- Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
- Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by215 opinions
- Francis v. Kings Park Manor, Inc.Court of Appeals for the Second Circuit · 2021
- Hollie M. Williams v. Utica College of Syracuse University, and Burns International Security Services Corp., Docket No. 05-1898-CvCourt of Appeals for the Second Circuit · 2006
- Maheshwari v. City of New YorkNew York Court of Appeals · 2004
- Price v. New York City Housing AuthorityNew York Court of Appeals · 1998
- The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton CompanyNew York Court of Appeals · 2016
210 more not listed; retrieve them via the Exa API.