Torre v. Paul A. Burke Construction, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; April 25, 1997; New York; State Appellate Court
Order unanimously affirmed without costs. The plaintiff, a tenant, sought damages for personal injuries incurred when another tenant, John Wadell, a double amputee, fell on her. The plaintiff argued that the defendant (the landlord) breached its duty to protect her, claiming they had actual or constructive knowledge of Wadell's condition. The Supreme Court granted the defendant's motion for summary judgment, dismissing the complaint. The plaintiff failed to demonstrate that the defendant had prior knowledge of Wadell injuring others or that there was a foreseeable risk of injury to tenants. The court noted that a landowner's obligation is to maintain property in a reasonably safe condition and that in specific circumstances, a duty to control third-party conduct may exist. However, such duty correlates with the authority and opportunity to control, which the defendant lacked in this case. The court concluded that it would be unreasonable to require the defendant to monitor Wadell's actions, and the mere ability to evict him did not establish a reasonable means to control his conduct.