RODRIGUEZ v. OAK POINT MGMT., INC.


87 N.Y.2d 931 (1996)

663 N.E.2d 909

640 N.Y.S.2d 868

Damion Rodriguez, an Infant, by His Mother and Natural Guardian, Saverina Galvan, et al., Respondents, v. Oak Point Management, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 8, 1996.


Attorney(s) appearing for the Case

Jonathan R. Walsh, Elmsford, and William K. Capshaw for appellant.

Leonard W. Krouner, Albany, and Mullen Morris & Lutzky, New York City (Joseph T. Mullen of counsel), for respondents.

Sullivan & Liapakis, P. C., New York City (John M. Tomsky of counsel), for New York State Trial Lawyers' Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant Oak Point Management's motion for summary judgment dismissing the complaint against it granted and the certified question answered in the negative.

Under the circumstances of this case, defendant had no duty to secure the front door of the residential apartment building it owned and operated in order to protect passersby from...

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