New York Court of Appeals

Addys Peralta, Respondent v. Raphael Henriquez, Appellants, Defendants

May 13, 2003100 N.Y.2d 139

Summary

The New York Court of Appeals held that landowners have a duty to maintain their property, including parking areas, in a reasonably safe condition by providing adequate illumination when circumstances make injury likely, regardless of whether the area is public or private. It further held that the trial court should have given the jury a notice instruction regarding the defendants’ knowledge of the lighting adequacy, and therefore reversed the Appellate Division’s affirmation and ordered a new trial.