Waters v. New York City Housing Authority

505 N.E.2d 922, 69 N.Y.2d 225, 513 N.Y.S.2d 356, 1987 N.Y. LEXIS 15360
CourtNew York Court of Appeals
DecidedFebruary 17, 1987
StatusPublished
Cited by155 cases

This text of 505 N.E.2d 922 (Waters v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waters v. New York City Housing Authority, 505 N.E.2d 922, 69 N.Y.2d 225, 513 N.Y.S.2d 356, 1987 N.Y. LEXIS 15360 (N.Y. 1987).

Opinion

[227]*227OPINION OF THE COURT

Titone, J.

The issue in this appeal is whether the owner of an occupied urban building who has not kept the building’s security system in good repair may be held liable in tort solely because the building was used to complete a crime that began on a public street. Under the circumstances of this case, where neither the victim nor the crime were connected with the defendant’s building, we hold that plaintiff was not within the zone of foreseeable harm and that, as a consequence, liability cannot be imposed.

The complaint in this case was dismissed by Special Term on defendant Housing Authority’s summary judgment motion after affidavits were submitted and a hearing in which plaintiff gave sworn testimony was held. The alleged facts, briefly stated, are that at about 6:45 a.m. on July 25, 1982, 16-year-old Simone Waters was walking on a public street, just outside a public housing project, whén she was accosted by a man who displayed a knife and demanded that she walk with him to a building around the corner. Once inside the building, which was unlocked, the man forced her to the roof and, after taking her money, sodomized her. According to her bill of particulars, plaintiff suffered emotional trauma, as well as minor physical injuries, as a result of the incident.

An investigator’s affidavit submitted by plaintiff further alleged that the front door locks on the building, which was owned by defendant, had been either broken or missing for at least two years before the incident and that several tenants had registered complaints about the condition over that two-year period. According to the affidavit, the investigator’s inquiries also disclosed that there had been at least five criminal incidents in the building involving outsiders. Finally, the investigator stated, based on his experience, that "had the door locks on this building been in proper working order, this sexual attack would in all probability have not occurred.” This statement was supported by the additional allegation that because of the nature of the crime and the psychology of this type of criminal, crimes such as this one "almost invariably occur in secluded areas.”

Relying on Palsgraf v Long Is. R. R. Co. (248 NY 339), Special Term held that "it requires too much stretching of the imagination to hold defendant responsible” for plaintiff’s injuries and, as a consequence, the court granted defendant’s [228]*228motion for summary judgment. The Appellate Division affirmed, with two Justices dissenting. On plaintiffs appeal from the Appellate Division order, we now affirm.

It is clear that when a governmental entity such as defendant acts in a proprietary capacity as a landlord, it may be held liable in tort to the same extent as is a private landlord (Miller v State of New York, 62 NY2d 506, 511). It is also now beyond dispute that a landlord, private or public, may have a duty to take reasonable precautionary measures to secure the premises if it has notice of a likelihood of criminal intrusions posing a threat to safety (see, Miller v State of New York, supra; Nallan v Helmsley-Spear, Inc., 50 NY2d 507). Finally, we have held that a building owner who breaches such a duty may be held liable to an individual who is injured in a reasonably foreseeable criminal encounter that was proximately caused by the absence of adequate security (Miller v State of New York, supra; Nallan v Helmsley-Spear, Inc., supra).

These basic principles, however, do not resolve the unusual problem presented here. Although plaintiff has made the necessary allegations of negligent security maintenance, notice of prior criminal intrusion and proximately caused injury,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Markov v. Grecian Gardens Co.
2020 NY Slip Op 06771 (Appellate Division of the Supreme Court of New York, 2020)
Uzhca v. Walmart Stores Inc.
S.D. New York, 2020
Gentile v. Town & Vil. of Harrison, N.Y.
137 A.D.3d 971 (Appellate Division of the Supreme Court of New York, 2016)
Abrams v. Bute
138 A.D.3d 179 (Appellate Division of the Supreme Court of New York, 2016)
Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, Inc.
135 A.D.3d 211 (Appellate Division of the Supreme Court of New York, 2015)
In re September 11 Litigation
Second Circuit, 2015
DeLollis v. Friedberg, Smith & Co.
600 F. App'x 792 (Second Circuit, 2015)
Breitkopf v. Gentile
41 F. Supp. 3d 220 (E.D. New York, 2014)
World Trade Center Properties LLC v. American Airlines, Inc.
905 F. Supp. 2d 547 (S.D. New York, 2012)
Naughright v. Weiss
857 F. Supp. 2d 462 (S.D. New York, 2012)
Gray v. WACKENHUT SERVICES, INC.
721 F. Supp. 2d 282 (S.D. New York, 2010)
Farash v. Continental Airlines, Inc.
574 F. Supp. 2d 356 (S.D. New York, 2008)
Weathers v. Millbrook Central School District
428 F. Supp. 2d 180 (S.D. New York, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
505 N.E.2d 922, 69 N.Y.2d 225, 513 N.Y.S.2d 356, 1987 N.Y. LEXIS 15360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waters-v-new-york-city-housing-authority-ny-1987.