PRICE v. NYCHA


92 N.Y.2d 553 (1998)

706 N.E.2d 1167

684 N.Y.S.2d 143

Fundisha Price, an Infant, by Her Mother and Natural Guardian, Shii Price, Appellant, et al., Plaintiff, 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

Steve S. Efron, New York City, and Madeline Lee Bryer for appellant.

Herzfeld & Rubin, P. C., New York City (Herbert Rubin, David B. Hamm and Miriam Skolnik of counsel), for respondent.

Susan Xenarios, New York City, Ken Schaeffer and Galen Sherwin for Downstate Coalition for Crime Victims, New York State, and others, amici curiae.

Judges BELLACOSA, LEVINE, CIPARICK and WESLEY concur with Chief Judge KAYE; Judge SMITH dissents and votes to reverse in a separate opinion.


Chief Judge KAYE.

Today, in Burgos v Aqueduct Realty Corp. (92 N.Y.2d 544), the Court delineates the standard for establishing proximate cause in suits against landlords for negligently secured premises by tenants injured as a result of a third party's criminal attack. This appeal, involving an attack on a tenant by someone known to be an intruder, differs from Burgos...

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