Wright v. Schum

Young, C. J.,

with whom Steffen, J., agrees, dissenting:

I submit that the result of the majority’s decision will be the expansion of landlord liability in this state. It could make landlords liable for injuries suffered by third parties a substantial distance from the landlord’s property as a result of a tenant’s tortious conduct.

While courts may impose legal duties when none existed previously, such an imposition should be exercised with extreme care. Georgianna v. Gizzy, 483 N.Y.S.2d 892, 894 (App.Div. 1984). Generally, when a landlord is out of possession of leased property and the tenant…