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Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
By: Daily Record Staff//September 29, 2023
Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
By: Daily Record Staff//September 29, 2023//
Listen to this articleNew York State Supreme Court, Appellate Division, Fourth Judicial Department
Negligent performance
Increased risk of harm
Rosenthal v. Syracuse University, et al.
CA 22-00364
Appealed from Supreme Court, Onondaga County
Background: The plaintiff commenced an action for damages he sustained from an assault that occurred on a street located near the University campus. The plaintiff appealed from the grant of summary judgment to the defendant.
Ruling: The Appellate Division affirmed. The court held that the defendant did not voluntarily assume a duty to the plaintiff by patrolling that section of the street where the assault occurred. The assault occurred one week before classes officially started. At that time, campus safety officers had not begun working special weekend details on that street.
Jason A. Richman, of Segal Law Firm, for the plaintiff-appellant; Matthew J. Larkin, of Barclay Damon, for the defendants-respondents.
Case Digests
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
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