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, upholding the jury's verdict that the Housing Authority's failure to lock the building's front door was not a proximate cause of Fundisha Price's assault and rejecting the plaintiff's duty‑to‑warn claim. The court also affirmed the trial court's jury instruction on causation and its admission of expert testimony. Justice Smith dissented, arguing that the expert testimony was irrelevant and that the jury charge on proximate cause was flawed.