Legal Opinion

McPherson v. New York City Housing Authority

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

Decided June 24, 1996PublishedCited by 9 opinions

1Opinion of the Court

The plaintiff Donna McPherson, a tenant in a public housing *655project owned by the defendant, suffered multiple gunshot wounds as she was sitting on a bench located outside of her building. This action was commenced against the defendant to recover damages for her personal injuries and for the alleged psychological harm to her son, who witnessed the shooting.

For liability to be imposed upon a governmental defendant for the breach of a duty which is governmental in nature, such as providing police protection and adequate security, a plaintiff tenant must show that the defendant breached a…

2Cases cited8 opinions

  1. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  2. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  3. Miller v. State of New YorkNew York Court of Appeals · 1984
  4. Dawson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  5. Blatt v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by9 opinions

  1. Hairston v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  2. Sepulveda v. Empire of Hempstead, LLCAppellate Division of the Supreme Court of the State of New York · 2004
  3. Full v. Monroe County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2017
  4. McLaughlin v. HernandezNew York Supreme Court · 2004
  5. Flowers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001

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