You are here: / / CITY LIABLE FOR STABBING DEATH OF PLAINTIFF’S DECEDENT IN PARKING...
, ,

CITY LIABLE FOR STABBING DEATH OF PLAINTIFF’S DECEDENT IN PARKING GARAGE, SECURITY INADEQUATE, HISTORY OF CRIMINAL ACTIVITY, BUT CITY SHOULD NOT HAVE BEEN HELD 100% LIABLE (SECOND DEPT). ​

The Second Department determined the city was properly found liable for the stabbing death of plaintiff’s decedent in a parking garage, but found that the city should not have been held 100% liable. Operating a parking garage is a proprietary function to which governmental immunity does not apply:

Contrary to the City’s contention, it was not entitled to governmental immunity for these claims, which arose out of the performance of proprietary functions. In that respect, the plaintiffs offered proof that the City failed in its capacity as a commercial owner of a public parking garage to meet the basic proprietary obligation of providing minimal security for its garage property … . …

… [T]he plaintiffs made out a prima facie case of negligence at trial, and the jury’s finding in this regard was not against the weight of the evidence. Under the circumstances of this case, in which the plaintiffs established that the City employed almost no security measures in the parking garage where the decedent was murdered, no expert testimony was necessary for the plaintiffs to establish that the City breached its duty to provide minimal security precautions to protect the patrons of the parking garage where the decedent was murdered … . Additionally, in light of the history of criminal activity in the parking garage, which included people being ambushed as they walked to their cars, as was the decedent in this case, the City should have been aware of the “likelihood of conduct on the part of third [parties]” that would “endanger the safety” of visitors to the garage … . …

… [T]he apportionment of 100% of the fault in the happening of the attack to the City was not supported by a fair interpretation of the evidence … . An apportionment of 65% of the fault to the defendant and 35% of the fault to the nonparty tortfeasor better reflects a fair interpretation of the evidence … . Granata v City of White Plains, 2018 NY Slip Op 03964, Second Dept 6-6-18

​NEGLIGENCE (MUNICIPAL LAW, CITY LIABLE FOR STABBING DEATH OF PLAINTIFF’S DECEDENT IN PARKING GARAGE, SECURITY INADEQUATE, HISTORY OF CRIMINAL ACTIVITY, CITY SHOULD NOT HAVE BEEN HELD 100% LIABLE (SECOND DEPT))/MUNICIPAL LAW (NEGLIGENCE, ASSAULT, CITY LIABLE FOR STABBING DEATH OF PLAINTIFF’S DECEDENT IN PARKING GARAGE, SECURITY INADEQUATE, HISTORY OF CRIMINAL ACTIVITY, CITY SHOULD NOT HAVE BEEN HELD 100% LIABLE (SECOND DEPT))/IMMUNITY (MUNICIPAL LAW, ASSAULT, CITY LIABLE FOR STABBING DEATH OF PLAINTIFF’S DECEDENT IN PARKING GARAGE, SECURITY INADEQUATE, HISTORY OF CRIMINAL ACTIVITY, CITY SHOULD NOT HAVE BEEN HELD 100% LIABLE (SECOND DEPT))/ASSAULT (MUNICIPAL LAW, NEGLIGENCE, CITY LIABLE FOR STABBING DEATH OF PLAINTIFF’S DECEDENT IN PARKING GARAGE, SECURITY INADEQUATE, HISTORY OF CRIMINAL ACTIVITY, CITY SHOULD NOT HAVE BEEN HELD 100% LIABLE (SECOND DEPT))/PARKING GARAGE (MUNICIPAL LAW, CITY LIABLE FOR STABBING DEATH OF PLAINTIFF’S DECEDENT IN PARKING GARAGE, SECURITY INADEQUATE, HISTORY OF CRIMINAL ACTIVITY, CITY SHOULD NOT HAVE BEEN HELD 100% LIABLE (SECOND DEPT))

You might also like
THE JURY FOUND PLAINTIFF SUFFERED PERMANENT INJURY IN THE TRAFFIC ACCIDENT BUT AWARDED $0 DAMAGES FOR FUTURE PAIN AND SUFFERING AND FUTURE MEDICAL EXPENSES; THE DAMAGES AWARD WAS AGAINST THE WEIGHT OF THE EVIDENCE AND SHOULD HAVE BEEN SET ASIDE (SECOND DEPT).
DISTRIBUTOR’S AND SELLER’S MOTIONS FOR SUMMARY JUDGMENT IN THIS PRODUCTS LIABILITY AND NEGLIGENT DESIGN ACTION SHOULD HAVE BEEN GRANTED, PLAINTIFF’S OWN ACTIONS CONSTITUTED THE SOLE PROXIMATE CAUSE OF PLAINTIFF’S INJURY AND THE DANGER WAS OPEN AND OBVIOUS (SECOND DEPT).
ALLEGED ZONING VIOLATION DID NOT AUTOMATICALLY WARRANT REMOVAL OF TAX-EXEMPT STATUS; TOWN’S SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED.
THE BANK IN THIS FORECLOSURE ACTION DID NOT DEMONSTRATE STANDING TO BRING THE ACTION AND DID NOT DEMONSTRATE COMPLIANCE WITH THE NOTICE PROVISIONS OF THE MORTGAGE AND RPAPL 1304 (SECOND DEPT).
PLAINTIFF ALLEGED THE DRIVER WORKING FOR A LIVERY CAB COMPANY (CURB) AND THE NEW YORK CITY TRANSIT AUTHORITY (NYCTA) DROPPED HIM OFF NEAR A HOLE IN THE ROAD WHICH CAUSED HIM TO FALL; THE RESPONDEAT SUPERIOR (AGENCY) CAUSE OF ACTION SURVIVED; BUT THE COMPLAINT DID NOT SUPPORT THE NEGLIGENT HIRING, RETENTION AND SUPERVISION CAUSE OF ACTION (SECOND DEPT). ​
Proof of “Physical Injury” Was Legally Insufficient
THE “LACK OF INFORMED CONSENT” CAUSE OF ACTION IN THIS MEDICAL MALPRACTICE SUIT SHOULD NOT HAVE BEEN DISMISSED; THERE WAS NO EVIDENCE PLAINTIFF INSISTED ON THE PROCEDURE DESPITE THE RISKS OR DECLINED ANY PROFFERED EXPLANATION OF THE RISKS (SECOND DEPT).
Theory of Damages in Contract Action​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PROPERTY USED BY THE TOWN AS A PUBLIC PARK WAS NOT SUBJECT TO COUNTY TAX (SECOND... DEFENDANT PROPERLY ACCUSED AND CONVICTED OF ATTEMPTED POSSESSION OF A SWITCHBLADE,...