John Flaherty, an Infant, by Delia Flaherty, His Guardian Ad Litem, Respondents v. State of New York, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the Court of Claims, holding that the State was not liable for the assault because the hazard was not reasonably foreseeable. The Court applied the rule that the State's duty is limited to hazards that can be anticipated and perceived.