New York Court of Appeals
Joseph Scurti, as Administrator of the Estate of John J. Scurti v. City of New York
June 17, 197640 N.Y.2d 433
Summary
The New York Court of Appeals held that the Metropolitan Transit Authority and the Long Island Railroad were not liable for the death of a 14‑year‑old trespasser and affirmed the dismissal of the complaint against them. It reversed the lower court’s dismissal of the claims against the other railroad defendants and the City of New York, ordering a new trial on those issues. The decision applies the modern reasonable‑care standard to landowner liability, discarding the old trespasser classifications. Separate opinions dissent from the majority’s view on the City’s liability and criticize the abandonment of common‑law principles.