DOE v. TURNMILL LLC

Index No. 152037/16. Appeal No. 13114. Case No. 2020-02604.

193 A.D.3d 618 (2021)

148 N.Y.S.3d 59

2021 NY Slip Op 02495

Jane Doe, Appellant, v. Turnmill LLC et al., Respondents, et al., Defendants.

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

Decided April 27, 2021.


Attorney(s) appearing for the Case

Simon Lesser PC, New York ( Leonard F. Lesser of counsel) for appellant.

Law Offices of Robert H. Goldberg, PLLC, Rockville Centre ( Robert H. Goldberg of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.


On Saturday night, April 11, 2015, between 7:45 and 8:00 p.m., plaintiff was raped in the restroom in the basement at a building owned by Harvard and leased to Turnmill for use as a bar/restaurant. Our courts have long held that "`New York landowners owe people on their property a duty of reasonable care under the circumstances to maintain their property in a safe condition'" (Maheshwari v City of New York, 2 N.Y.3d 288, 294 [2004...

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