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
OPINION OF THE COURT
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 building itself. Thus, a student who is injured in á criminal assault in a State-operated college dormitory may recover damages against the State in its *509capacity as a landlord upon a showing that there was a reasonably foreseeable likelihood of criminal intrusion into the building, that the State negligently failed to keep the outer doors locked, and that the failure was a proximate cause of the injury.
The claimant,…
2Cases cited15 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
- Riss v. City of New YorkNew York Court of Appeals · 1968
- Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982
10 more not listed; retrieve them via the Exa API.
3Cited by298 opinions
- Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
- Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
- Eiseman v. StateNew York Court of Appeals · 1987
- Brown v. State of New YorkNew York Court of Appeals · 1996
- Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
293 more not listed; retrieve them via the Exa API.