In Burgos, in contrast, the court found that summary judgment was not appropriate despite the intruder requirement because "the plaintiff in her affidavit stated that she did not recognize her assailants, although she lived in a relatively small building and was familiar with all of the building's tenants and their families."
2016 N.Y. Slip Op. 8579 (N.Y. 2016) Cited 160 times
In Turturro, for example, a 12–year–old plaintiff was struck by a speeding car while he attempted to ride his bicycle across a four-lane road as to which the City had received numerous complaints of excessive speed (28 N.Y.3d at 485, 45 N.Y.S.3d 874, 68 N.E.3d 693).
Concluding conviction for petty offense of harassment did not preclude defendant from contesting merits of subsequent civil suit for assault where defendant did not have incentive to litigate thoroughly in prior action given the "minor" significance of the petty violation, the lack of a right to a jury trial, the lack of vigor typical of the defense of such violations, and the lack of any indication that the parties anticipated the determination would be used against defendant in later litigation
Holding that foreseeability is a factor in determining duty and stating that "the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty"
In Weiss, the New York Court of Appeals found that the City of Buffalo's Board of Safety, having made a reasonable decision with respect to the timing of traffic lights, was not subject to review.
In Sheehan, a bus stopped in a traffic lane rather than by the curb — in violation of regulations — to let passengers on and off. The bus was rear-ended by a sanitation truck, and an injured passenger sued.
Noting that "utility poles, drainage ditches, culverts, trees and shrubbery are often in close proximity to the traveled right of way ... [b]ut for the careful driver, the placement of these items near the pavement creates no unreasonable danger"