Jacqueline S., an Infant, by Ludovina S., Her Mother and Natural Guardian v. City of New York, and New York City…

Summary

The New York Court of Appeals reversed the Appellate Division and denied the Housing Authority's motion for summary judgment, holding that the plaintiff presented sufficient evidence to raise a triable issue of foreseeability of criminal danger. The Court also held that statutory security requirements do not supplant the common‑law duty to provide reasonable security, and that a tenant vote rejecting security measures does not relieve the landlord of that duty absent proof of a majority vote in the specific building.