By: Daily Record Staff//September 29, 2023
By: Daily Record Staff//September 29, 2023//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Increased risk of harm
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.