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BURGOS v. AQUEDUCT REALTY

92 N.Y.2d 544 (1998)

706 N.E.2d 1163

684 N.Y.S.2d 139

Norma Burgos, Appellant, v. Aqueduct Realty Corp. et al., Respondents. Marisela Gomez, Appellant, v. New York City Housing Authority, Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1998.

Attorney(s) appearing for the Case

Alpert & Kaufman, L. L. P., New York City (Sally Weinraub of counsel), for appellant in the first above-entitled action.

Calabrese & Calabrese, L. L. P., White Plains (Salvatore J. Calabrese and Dario Di Lello of counsel), for respondents in the first above-entitled action.

Edward A. Hayes and Fiedelman & McGaw, Jericho (Frank V. Kelly, Andrew Zajac, Carol R. Finocchio, Elizabeth A. Fitzpatrick, Elizabeth Anne Bannon and Dawn C. DeSimone of counsel), for the Defense Association of New York, Inc., amicus curiae, in the first above-entitled action.

Seligson, Rothman & Rothman, New York City (Martin S. Rothman of counsel), and Fitzgerald & Fitzgerald, P. C., for appellant in the second above-entitled action.

Wilson, Elser, Moskowitz, Edelman & Dicker, L. L. P., New York City (Nina Cangiano of counsel), for respondent in the second above-entitled action.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

These appeals return us to a regrettably recurring modern-day issue: when is a landlord of negligently secured premises liable to a tenant injured by a third party's criminal attack? Landlords have a "common-law duty to take minimal precautions to protect tenants from foreseeable harm," including a third party's foreseeable criminal conduct (Jacqueline S. v City of New York,

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