RODRIGUEZ v. MOHR


174 A.D.2d 382 (1991)

Victor Rodriguez, Individually and as Administrator of The Estate of Trinidad Rodriguez, Deceased, Appellant, v. William A. Mohr, Respondent. (Action No. 1.) George Francis, Individually and as Administrator of The Estate of Merlene Francis, Deceased, et al., Appellants, v. Lawrence Mohr et al., as Coexecutors of William A. Mohr, Deceased, et al., Respondents and Third-Party Plaintiffs-Respondents. Anthony Morgan et al., Third-Party Defendants-Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

June 11, 1991


These consolidated tort actions arise out of an arson fire which occurred on August 23, 1984 at defendant landlord's leased premises located at 1621-31 Westchester Avenue, Bronx, in which three persons were killed. Plaintiffs sued defendant landlord, his estate and his realty corporation claiming there was a breach of duty on the landlord's part.

The criminal acts of the two arsonists were not foreseeable as a matter of law, so as to hold defendants liable for them...

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