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SCURTI v. CITY OF NEW YORK

40 N.Y.2d 433 (1976)

Joseph Scurti, as Administrator of The Estate of John J. Scurti, Deceased, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Robert J. Bohner for appellant.

W. Bernard Richland, Corporation Counsel (Ellen Kramer Sawyer and L. Kevin Sheridan of counsel), for City of New York, respondent.

Robert M. Peet for New York Connecting Railroad Co. and others, respondents.

William J. Pallas, George M. Onken and Laurence H. Rubin for Long Island Rail Road Company and another, respondents.

Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Chief Judge BREITEL concurs in part and dissents in part and votes to modify in a separate opinion; Judge JASEN dissents and votes to affirm in another opinion.

WACHTLER, J.

Today the court has held that the liability of a landowner to one injured upon his property should be governed, not by the ancient and antiquated distinctions between trespassers, licensees, and invitees decisive under common law, but rather by the standard applicable to negligence cases generally, i.e., the "standard of reasonable care under the circumstances whereby foreseeability shall be a measure...

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