New York Court of Appeals

Fundisha Price, an Infant, by Her Mother and Natural Guardian, Shii Price, Appellant, Plaintiff v. New York…

November 24, 199892 N.Y.2d 553

Summary

The New York Court of Appeals affirmed the Appellate Division's order upholding the jury verdict that the New York City Housing Authority's failure to lock the building's front door was not a proximate cause of Fundisha Price's sexual assault. The Court held the trial court's instructions and evidentiary rulings on expert testimony and proximate cause were proper, and rejected the plaintiffs' duty‑to‑warn theory.