Cooney v. Town of Oyster Bay
Court: Appellate Division of the Supreme Court of the State of New York; June 8, 1998; New York; State Appellate Court
In a personal injury case, the Town of Oyster Bay appealed a Supreme Court order that denied its cross motion for summary judgment, which sought to dismiss the complaint against it. The appellate court reversed the order, granted the Town's cross motion, and dismissed the complaint against the Town while severing the action against the remaining defendant. The plaintiff was attacked by Michael Kearney in a community park owned by the Town, claiming negligence for failing to maintain a safe environment. The court noted that property owners have a duty to ensure their premises are reasonably safe and to implement minimal security measures against foreseeable criminal acts if they are aware of a risk based on past incidents. In this case, the Town established a prima facie case for dismissal, and the plaintiff failed to demonstrate a triable issue of fact regarding the Town's awareness of prior conduct that could jeopardize visitor safety. Consequently, the appellate court concluded that the complaint against the Town must be dismissed. Justices Bracken, Ritter, Altman, and McGinity concurred with the decision.