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LEYVA v. RIVERBAY CORP.

206 A.D.2d 150 (1994)

Arturo Leyva, Respondent, v. Riverbay Corporation, Appellant

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

December 1, 1994

Attorney(s) appearing for the Case

Richard E. Lerner of counsel, New York City (Glenn Dienstag and Eugene Boul on the brief; Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys), for appellant.

David B. Turret of counsel, New York City (Marla L. Schiff on the brief; Julien & Schlesinger, P. C., attorneys), for respondent.

MURPHY, P. J., ROSENBERGER and TOM, JJ., concur.

SULLIVAN, J.

This appeal presents the issue of whether a private owner of a large housing complex may, without any showing that one of its many outdoor public walkways presents a danger to pedestrians, be held liable to a person criminally assaulted on that walkway on the ground that, had the owner exercised reasonable control over its premises, it would have observed the perpetrators before they assaulted their...

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