Polomie v. Golub Corp., 226 A.D.2d 979 (N.Y. App. Div. 1996). · Go Syfert
Polomie v. Golub Corp., 226 A.D.2d 979 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
22 citation events (11 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Bass v. GOPAL, INC. (4×) also: Cited as authority (quoted)
S.C. · 2011 · quote attribution · 4 verbatim quotes · confidence high
there is no requirement that the past experience relied on to establish foreseeability be of the same type of criminal conduct to which plaintiff was subjected. . . .
discussed Cited as authority (verbatim quote) McClung v. Delta Square Ltd. Partnership
Tenn. · 1996 · quote attribution · 1 verbatim quote · confidence high
tjhere is no requirement that the past experience relied on to establish foreseeability be of the same type of criminal conduct to which plaintiff was subjected....
discussed Cited as authority (rule) Brown v. Wal-Mart Stores, Inc.
N.Y. App. Div. · 2023 · confidence medium
In our view, prior thefts at the Walmart store do not bear a sufficient relationship to what occurred in this instance—a negligent motor vehicle accident between plaintiff and his coworker—so as to create a duty flowing from Walmart to plaintiff ( see Milton v I.B.P.O.E. of the World Forest City Lodge , #180 , 121 AD3d 1391, 1394 [3d Dept 2014]; see also Mulvihill v Wegmans Food Mkts ., 266 AD2d 851, 851 [4th Dept 1999]; Polomie v Golub Corp ., 226 AD2d 979, 980-981 [3d Dept 1996]).
discussed Cited as authority (rule) C.Q. v. Estate of David Rockefeller
S.D.N.Y. · 2021 · confidence medium
“That duty is premised on the landowner’s exercise of control over the property, as the person in possession and control of property is best able to identify and prevent any harm to others.” Gronski v. Cnty. of Monroe, 18 N.Y.3d 374, 379 (2011) (internal quotation marks omitted). “[A]n owner of realty has a duty to maintain its property in a safe condition[,] which includes undertaking minimal precautions to protect the public from reasonably foreseeable criminal acts of third persons.” Polomie v. Golub Corp., 226 A.D.2d 979, 980 (3d Dep’t 1996).
discussed Cited as authority (rule) Milton v. I.B.P.O.E. of the World Forest City Lodge, 180 (2×) also: Cited "see"
N.Y. App. Div. · 2014 · confidence medium
Landowners have a duty of reasonable care to maintain their property in a safe condition; although they “have a common-law duty to minimize foreseeable dangers on their property, including the criminal acts of third parties, they are not the insurers of a visitor’s safety” (Maheshwari v City of New York, 2 NY3d 288, 294 [2004]; see Haire v Bonelli, 107 AD3d 1204, 1204-1205 [2013], lv denied 22 NY3d 852 [2013]; Barksdale v Henry, 228 AD2d 947, 948 [1996]; Polomie v Golub Corp., 226 AD2d 979, 980 [1996]).
discussed Cited as authority (rule) Steinborn v. Himmel
N.Y. App. Div. · 2004 · confidence medium
In light of our conclusion that defendants, including Twin Rivers, lacked prior actual or constructive knowledge of Himmel’s pedophiliac tendencies, plaintiffs’ contention that Twin Rivers is liable for breach of its duty as landowner of the Boy Scout camp where one of the assaults is alleged to have taken place must also fail (see Polomie v Golub Corp., 226 AD2d 979, 980 [1996]; Karp v Saks Fifth Ave., 225 AD2d 1014, 1016 [1996]; Davis v Shelton, 33 AD2d 707 , 708 [1969], lv dismissed 26 NY2d 829 [1970]).
discussed Cited as authority (rule) Posecai v. Wal-Mart Stores, Inc.
La. · 1999 · confidence medium
See Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749, 756-57 (Tex.1998); Sturbridge Partners, Ltd. v. Walker, 267 Ga. 785 , 482 S.E.2d 339, 341 (1997); Polomie v. Golub Corp., 226 A.D.2d 979 , 640 N.Y.S.2d 700, 701 (N.Y.App.Div.1996).
cited Cited as authority (rule) Krier v. Safeway Stores 46, Inc.
Wyo. · 1997 · confidence medium
Polomie v. Golub Corp., *414 226 A.D.2d 979 , 640 N.Y.S.2d 700, 701 (1996); McClung, 937 S.W.2d at 899 ; Ann E.
Retrieving the full opinion text from the archive…
Sheila Polomie
v.
Golub Corporation
Appellate Division of the Supreme Court of the State of New York.
Apr 18, 1996.
226 A.D.2d 979
Cardona, P. J.

Appeals (1) from an order of the Supreme Court (Caruso, J.), entered March 2, 1995 in Schenectady County, which denied defendants’ motion for summary judgment dismissing the complaint, and (2) from an order of said court, entered July 5, 1995 in Schenectady County, which, upon renewal, adhered to its prior decision.

[*980] This is a personal injury action in which plaintiff Sheila Polomie (hereinafter plaintiff) alleges that shortly after 6:00 a.m. on August 18,1988, she was abducted from a parking lot, taken to a secluded area, robbed and sexually assaulted. The lot is owned by defendant Golub Corporation and located adjacent to one of its supermarkets. Plaintiff seeks to hold defendants liable on the grounds that they negligently failed to provide adequate security and were guilty of creating and/or maintaining a nuisance in the parking lot.

Following discovery, defendants moved for summary judgment arguing that the incident was an unforeseeable extraordinary occurrence absolving them of liability. Supreme Court denied the motion and, upon renewal, adhered to its original decision. Defendants appeal.

It is true that an owner of realty has a duty to maintain its property in a safe condition which includes undertaking minimal precautions to protect the public from reasonably foreseeable criminal acts of third persons (see, Provenzano v Roslyn Gardens Tenants Corp., 190 AD2d 718, 720). Nevertheless, an owner is not an insurer of the public’s safety (see, Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 519). In this case, the question is whether defendants knew or should have known from past experience that there was a likelihood of customers being assaulted in the parking lot (see, Smith v Fishkill Health-Related Ctr., 184 AD2d 963). In support of their motion for summary judgment, defendants submitted evidence showing that they had no actual notice of any prior criminal incidents. Supreme Court found this evidence sufficient to establish a lack of actual notice. However, the court, relying on certain police reports, found that defendants had not satisfied their burden with respect to the question of constructive notice. We disagree. In our view, the police reports were insufficient to raise a question of fact as to whether defendants should have known that a criminal incident of the type that occurred was a "significant, foreseeable possibility” (Nallan v Helmsley-Spear, Inc., supra, at 520). While there is no requirement that the past experience relied on to establish foreseeability "be of the same type of criminal conduct to which plaintiff was subjected” (Jacqueline S. v City of New York, 81 NY2d 288, 294), inquiry must still be made as to the location, nature and extent of those previous criminal activities and their similarity, proximity or other relationship to the crime in question (supra, at 295). The evidence of the prior incidents in this case was not sufficient to raise a question of fact as to foreseeability. The prior episodes involved complaints of solicitation, a person[*981] sleeping in a car in the parking lot, harassment of an employee who refused to sell beer to certain customers, an unverified claim of a shotgun in a car in the parking lot and a fistfight between an employee and an acquaintance. The cited events simply do not bear a sufficient relationship to the incident at issue such that it could be said that defendants should have known of the likelihood of its occurrence (see, Karp v Saks Fifth Ave., 225 AD2d 1014; Smith v Fishkill Health-Related Ctr., supra).

As a final matter, plaintiff has not sufficiently raised a triable issue of fact with respect to her claim of nuisance.

Mercure, White, Casey and Spain, JJ., concur. Ordered that the orders are reversed, on the law, with costs, motion granted, summary judgment awarded to defendants and complaint dismissed.