New York Court of Appeals
Leslie Havas v. Victory Paper Stock Co., Inc., and Third-Party Plaintiff-Respondent. Morgan Guaranty Trust Co…
February 14, 198049 N.Y.2d 381
Summary
The Court held that Victory Paper Stock Co. owed a duty of reasonable care to plaintiff Leslie Havas because the foreseeable risk of injury arose from the unsecured loading ramp, and that whether Victory breached that duty is a question for the jury. Accordingly, the Court reversed the Appellate Division’s dismissal and remanded for further factfinding. The decision rests on the foreseeability principle and the joint nature of the loading operation. Justice Jasen and Justice Jones, dissenting, would have affirmed the Appellate Division’s order.