reasonable care standard (New York) · Go Syfert
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reasonable care standard in New York

8 New York opinions name it 2 courts 1998–2025 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Pomahac v. TrizecHahn 1065 Avenue of the Americas, LLCgreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025"The reasonable care standard does not require a defendant to cover all of its floors with mats to prevent a person from falling on tracked-in moisture" or "to place a particular number of mats in particular places" ( Pomahac v TrizecHahn 1065 Ave. of Ams., LLC , 65 AD3d 462, 465 [1st Dept 2009]).

11
In Re Air Crash Near Clarence Center, New York, on February 12, 2009green
nywd · 2011 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025Inc. , 269 F Supp 3d 90, 96-97 [WD NY 2017]; In re Air Crash Near Clarence Ctr., NY on February 12, 2009 , 798 F Supp 2d at 486 ; McAllister v Catalyst Aviation, LLC , 2020 US Dist LEXIS 263077 , *10).

2025Inc. , 269 F Supp 3d 90, 96-97 [WD NY 2017]; In re Air Crash Near Clarence Ctr., NY on February 12, 2009 , 798 F Supp 2d at 486; McAllister v Catalyst Aviation, LLC , 2020 US Dist LEXIS 263077, *10).

11
Nallan v. Helmsley-Spear, Inc.green
ny · 1980 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008The legally binding standard of care, as distinguished from the particular precautions required for its satisfaction in a given case, however, remains reasonable care to render the premises reasonably safe, and there are circumstances in which the nature and likelihood of a foreseeable security breach and its consequences will require heightened precautions, which, although still perhaps relatively minimal, are more burdensome than those of the sort previously mentioned (see Nallan, 50 NY2d at 518-520 [in light of the subject building’s history of criminal incidents, a triable issue was raised

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Amsel v. New York Convention Center Operating Corp. green
nyappdiv · 2009
1 sentence

2010Operating Corp., 60 AD3d 534 [2009], lv denied 13 NY3d 710 [2009]).

12010–2010
Flemming v. BARNWELL NURSING HOME & HEALTH FACILITIES, INC. green
ny · 2009
1 sentence

2010Operating Corp., 60 AD3d 534 [2009], lv denied 13 NY3d 710 [2009]).

12010–2010
Gillon v. Merrill Lynch Interfunding, Inc. green
nyappdiv · 1995
1 sentence

2009Patrick’s Nursing Home, 248 AD2d 687 [1998]; Kovelsky v City Univ. of N.Y., 221 AD2d 234 [1995]; see also Keum Choi v Olympia & York Water St.

12009–2009
Negron v. St. Patrick's Nursing Home green
nyappdiv · 1998
1 sentence

2009Patrick’s Nursing Home, 248 AD2d 687 [1998]; Kovelsky v City Univ. of N.Y., 221 AD2d 234 [1995]; see also Keum Choi v Olympia & York Water St.

12009–2009
Cerilli v. Kezis green
nyappdiv · 2005
1 sentence

2008This is clearly an allegation of intentional conduct rather than conduct that can be construed as a deviation from the reasonable care standard (see Cerilli v Kezis, 16 AD3d 363 [2005]; Messina v Alan Matarasso, M.D., F.A.C.S., EC., 284 AD2d 32 [2001] [plaintiff alleged defendant performed unauthorized procedure on her breasts during cosmetic facial surgery]; Restatement [Second] of Torts § 18, Comment d, Illustration l). 9 Notwithstanding the foregoing, the plaintiff has attempted to embrace her claim within medical malpractice theories.

12008–2008
Messina v. Alan Matarasso, M.D., F.A.C.S., P. C. green
nyappdiv · 2001
1 sentence

2008This is clearly an allegation of intentional conduct rather than conduct that can be construed as a deviation from the reasonable care standard (see Cerilli v Kezis, 16 AD3d 363 [2005]; Messina v Alan Matarasso, M.D., F.A.C.S., EC., 284 AD2d 32 [2001] [plaintiff alleged defendant performed unauthorized procedure on her breasts during cosmetic facial surgery]; Restatement [Second] of Torts § 18, Comment d, Illustration l). 9 Notwithstanding the foregoing, the plaintiff has attempted to embrace her claim within medical malpractice theories.

12008–2008
In re Timothy L. green
nyappdiv · 1987
1 sentence

2001Plaintiff’s attempt to distinguish Oates v New York Hosp. ( 131 AD2d 368 , supra) is unavailing.

12001–2001
Basso v. Miller green
ny · 1976
1 sentence

1998Our decision in Basso v Miller ( 40 NY2d 233 ) undermines the need for the Kelly rule based upon the injured party’s status as a passenger and that person’s dependent relationship with the carrier.

11998–1998

Where else courts name it

CO 14 (1975–2025) IN 10 (1974–2011) TX 9 (1984–2020) NY 8 (1998–2025) DC 8 (1981–2015) IL 8 (1977–2010) MS 7 (1992–2021) WV 7 (1997–2002) CT 7 (1972–2025) IA 6 (1971–2017) NC 5 (2001–2019) MA 5 (1980–2010) MN 4 (1974–2009) WI 4 (1975–2024) NM 4 (1982–2020) MI 4 (1928–2018) CA 4 (1957–2006) AL 4 (1989–2002) KS 3 (2004–2017) WA 3 (1976–1999) UT 3 (1992–1999) GA 3 (1977–2025) VT 3 (1922–2014) VA 3 (1985–2014) PA 2 (1979–2011) FL 2 (1951–1975) AZ 2 (1977–2014) LA 2 (1995–1999) TN 2 (1992–2004) ID 2 (1984–1988) OK 2 (2019–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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