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MILLER v. STATE OF NEW YORK

62 N.Y.2d 506 (1984)

Madelyn Miller, Appellant, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1984.

Attorney(s) appearing for the Case

Joseph Kelner and Martin Rubenstein for appellant.

Robert Abrams, Attorney-General (Julie S. Mereson and Peter H. Schiff of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur with Chief Judge COOKE; Judge KAYE concurs in result in a separate opinion.

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 a criminal assault in a State-operated college dormitory may recover damages against the State in its capacity as a landlord upon a showing that there was a reasonably...

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