ESTATE OF FAUGHEY v. NEW 56-79 IG ASSOCIATES, L.P.

3634, 101854/10.

149 A.D.3d 418 (2017)

2017 NY Slip Op 02608

52 N.Y.S.3d 12

ESTATE OF KATHRYN P. FAUGHEY, by her Executor WALTER B. ADAM, Appellant, v. NEW 56-79 IG ASSOCIATES, L.P., et al., Respondents.

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

Decided April 4, 2017.


The instant negligence action arises from the tragic murder of Kathryn P. Faughey (decedent) by nonparty David Tarloff while in her office in a suite leased by Tenants in a building owned by Owners.

The motion court correctly dismissed the complaint. Even though the building contained a psychiatric suite, defendants had no duty to protect decedent from the violent actions of third parties, including former patients like Tarloff; such actions were not foreseeable,...

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