HUGHES v. CITY OF NEW YORK


238 A.D.2d 477 (1997)

656 N.Y.S.2d 649

April Hughes, an Infant, by her Mother and Natural Guardian, Susan Newman, et al., Appellants, v. City of New York et al., Respondents

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

April 21, 1997


Ordered that the order is affirmed, with costs.

Where the basis of liability in a case such as this is a claim that the landlord failed to protect one tenant from the aggression of another tenant, it must first be established that the landlord had the ability and a reasonable opportunity to control the aggressor. Additionally, it must be established that the harm complained of was foreseeable (see, Firpi v New York City Hous. Auth.,

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