Mason v. U.E.S.S. Leasing Corp., 756 N.E.2d 58 (NY 2001). · Go Syfert
Mason v. U.E.S.S. Leasing Corp., 756 N.E.2d 58 (NY 2001). Cases Citing This Book View Copy Cite
69 citation events (69 in the last 25 years) across 6 distinct courts.
Strongest positive: Gan v. GSUIG Real Estate Member LLC (nyed, 2025-08-21)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 34 distinct citers.
cited Cited as authority (rule) Gan v. GSUIG Real Estate Member LLC
E.D.N.Y · 2025 · confidence medium
Leasing Corp., 96 N.Y.2d 875, 877-78 (2001).
cited Cited as authority (rule) P.R.B. v. State of New York
N.Y. App. Div. · 2022 · confidence medium
Leasing Corp. , 96 NY2d 875, 878 [2001] [citations omitted]; see Haire v Bonelli , 107 AD3d 1204, 1204-1205 [2013], lv denied 22 NY3d 852 [2013]).
cited Cited as authority (rule) Francis v. Kings Park Manor, Inc.
2d Cir. · 2021 · confidence medium
Leasing Corp., 96 N.Y.2d 875, 878 (2001), courts have been careful to avoid imposing standards of conduct that would effectively make the landlord an arm of law enforcement.
cited Cited as authority (rule) Lisa I. v. Manikas
N.Y. App. Div. · 2020 · confidence medium
Leasing Corp. , 96 NY2d 875, 878 [2001]).
cited Cited as authority (rule) Golub v. Louris
N.Y. App. Div. · 2017 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]).
cited Cited as authority (rule) Martinez v. City of New York
N.Y. App. Div. · 2017 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]).
cited Cited as authority (rule) Ramos Ex Rel. Anderson v. New York City Housing Authority
N.Y. App. Div. · 2017 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]).
discussed Cited as authority (rule) Gentile v. Town & Vil. of Harrison, N.Y.
N.Y. App. Div. · 2016 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]; see generally Restatement [Second] of Torts: Negligence § 344, Comment f).
cited Cited as authority (rule) Mondo New Line, Inc. v. Syosset Industrial Park, LLC
N.Y. App. Div. · 2016 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]).
cited Cited as authority (rule) Karim v. 89th Jamaica Realty Co., L.P.
N.Y. App. Div. · 2015 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]).
discussed Cited as authority (rule) Hedges v. East River Plaza, LLC
N.Y. Sup. Ct. · 2013 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Cooke v City of New York, 95 AD3d 537, 538 [1st Dept 2012]; Arbor Leasing, LLC v BTMU Capital Corp., 68 AD3d 580 [1st Dept 2009]; Slemish Corp., S.A. v Morgenthau, 63 AD3d 418, 419 [1st Dept 2009]; see Maldonado v Townsend Ave.
discussed Cited as authority (rule) Haire v. Bonelli
N.Y. App. Div. · 2013 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; DeCrescente v Catholic Charities of the Diocese of Albany, 89 AD3d 1272, 1273 [2011], lv dismissed and denied 18 NY3d 943 [2012]; Six Anonymous Plaintiffs v Gehres, 68 AD3d 1177, 1178 [2009], lv denied 14 NY3d 710 [2010]; Jenkins v Ehmer, 272 AD2d 976, 976-977 [2000]).
discussed Cited as authority (rule) Haire v. Bonelli
N.Y. App. Div. · 2013 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; DeCrescente v Catholic Charities of the Diocese of Albany, 89 AD3d 1272, 1273 [2011], lv dismissed and denied 18 NY3d 943 [2012]; Six Anonymous Plaintiffs v Gehres, 68 AD3d 1177, 1178 [2009], lv denied 14 NY3d 710 [2010]; Jenkins v Ehmer, 272 AD2d 976, 976-977 [2000]).
cited Cited as authority (rule) Banner v. New York City Housing Authority
N.Y. App. Div. · 2012 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]).
discussed Cited as authority (rule) Ferguson v. Antaeus Realty Corp.
N.Y. App. Div. · 2012 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]; Nallan v Helmsley-Spear, Inc., 50 NY2d at 519 ).
cited Cited as authority (rule) Brathwaite v. New York City Housing Authority
N.Y. App. Div. · 2012 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]).
cited Cited as authority (rule) DeCrescente v. Catholic Charities of the Diocese of Albany
N.Y. App. Div. · 2011 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Six Anonymous Plaintiffs v Gehres, 68 AD3d 1177, 1178 [2009], lv denied 14 NY3d 710 [2010]).
discussed Cited as authority (rule) Ishmail v. ATM Three, LLC
N.Y. App. Div. · 2010 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Nallan v Helmsley-Spear, Inc., 50 NY2d 507 [1980]; see also Johnson v City of New York, 7 AD3d 577 [2004]).
cited Cited as authority (rule) Perez v. Real Tuff Piping & Heating, Inc.
N.Y. App. Div. · 2010 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]).
discussed Cited as authority (rule) Beato v. Cosmopolitan Associates, LLC
N.Y. App. Div. · 2010 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]; Nallan v Helmsley-Spear, Inc., 50 NY2d at 519 ).
cited Cited as authority (rule) Six Anonymous v. Gehres
N.Y. App. Div. · 2009 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]).
cited Cited as authority (rule) Dominguez v. Fontanella
N.Y. Sup. Ct. · 2009 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Ferrer v Harris, 55 NY2d 285, 293-294 [1982]; White v Diaz, 49 AD3d 134, 139-140 [1st Dept 2008]; Gross v New York City Tr.
cited Cited as authority (rule) De Luna-Cole v. Fink
N.Y. App. Div. · 2007 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]).
discussed Cited as authority (rule) Mayer v. 486 Associates, Inc.
N.Y. App. Div. · 2006 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 295 [1993]; Johnson v City of New York, 7 AD3d 577 [2004]; Novikova v Greenbriar Owners Corp., 258 AD2d 149, 153 [1999]).
discussed Cited as authority (rule) Mayer v. 486 Associates, Inc.
N.Y. App. Div. · 2006 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 295 [1993]; Johnson v City of New York, 7 AD3d 577 [2004]; Novikova v Greenbriar Owners Corp., 258 AD2d 149, 153 [1999]).
discussed Cited as authority (rule) Venetal v. City of New York
N.Y. App. Div. · 2005 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]; Nallan v Helmsley-Spear, Inc., supra at 519).
cited Cited as authority (rule) Ivery v. Oceanview II Associates
N.Y. App. Div. · 2004 · confidence medium
Leasing Corp., 96 NY2d 875, 877 [2001]).
discussed Cited as authority (rule) Johnson v. City of New York
N.Y. App. Div. · 2004 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]; Jacqueline S. v City of New York, 81 NY2d 288, 293-294 [1993]; Nallan v Helmsley-Spear, Inc., 50 NY2d 507 [1980]).
discussed Cited as authority (rule) Cipriani Fifth Ave., LLC v. RPCI Landmark Props., LLC
N.Y. Sup. Ct., New York Cty. · 2004 · confidence medium
Leasing Corp ., 96 NY2d 875, 878 [2001])" as "firmly established." ( Id . at 46.) Another case in this Department where metal detectors proved no safe harbor or prophylactic against either violent acts or lawsuits is Djurkovic v Three Goodfellows, Inc. ( 1 AD3d 210 [1st Dept 2003]).
discussed Cited as authority (rule) Cipriani Fifth Avenue, LLC v. RCPI Landmark Properties, LLC
N.Y. Sup. Ct. · 2004 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001])” as “firmly established.” (Id. at 46.) Another case in this Department where metal detectors proved no safe harbor or prophylactic against either violent acts or lawsuits is Djurkovic v Three Goodfellows, Inc. ( 1 AD3d 210 [1st Dept 2003]).
cited Cited as authority (rule) Gross v. Empire State Building Associates
N.Y. App. Div. · 2004 · confidence medium
Leasing Corp., 96 NY2d 875, 878 [2001]).
discussed Cited as authority (rule) In Re September 11 Litigation (2×)
S.D.N.Y. · 2003 · confidence medium
Leasing Corp., 96 N.Y.2d 875 , 730 N.Y.S.2d 770 , 756 N.E.2d 58, 60 (2001).
discussed Cited as authority (rule) In Re Sterling Foster & Co., Inc., Securities Lit.
E.D.N.Y · 2002 · confidence medium
Leasing Corp., 96 N.Y.2d 875 , 730 N.Y.S.2d 770 , 756 N.E.2d 58, 59 (2001) (holding that for an event to be superceding and to break the chain of causation, it must be unforeseeable).
cited Cited as authority (rule) Sawyer v. Wight
E.D.N.Y · 2002 · confidence medium
Leasing Corp., 96 N.Y.2d 875 , 730 N.Y.S.2d 770 , 756 N.E.2d 58, 59 (2001); McKinnon, 700 N.Y.S.2d at 471 .
Yolanda Mason, Respondent,
v.
U.E.S.S. Leasing Corporation Et Al., Appellants. (And a Third-Party Action.)
New York Court of Appeals.
Jul 2, 2001.
756 N.E.2d 58
APPEARANCES OF COUNSEL, Fiedelman & McGaw, Jericho (Andrew Zajac of counsel), and Bivona & Cohen, New York City, for U.E.S.S. Leasing and another, appellants., Marshall, Conway & Wright, P. C., New York City (Steven L. Sonkin and Michael J. Pearsall of counsel), for Mid-City Security, appellant., James Wm. Hubert, White Plains, for respondent.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo Concur in Memorandum.
Cited by 51 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. The certified question should be answered in the affirmative, but on the narrower grounds stated in the memorandum.

Plaintiff resided in a Queens apartment building that was part of a larger complex known as Lefrak City. Defendant U.E.S.S. Leasing Corporation and Builders and Realtors Corporation, Inc. owned the complex, and defendant Mid-City Security Service, Inc. provided security for the premises. On July 11, 1992, shortly after 7:00 a.m., plaintiff was awakened by a phone call from her live-in boyfriend who told her that he would be upstairs in five minutes. Shortly thereafter, the apartment doorbell rang and plaintiff, thinking it was her boyfriend, opened the door without first looking through the peephole or asking who it was. Third-party defendant Lawrence Toole forced his way in and dragged plaintiff to the bedroom where he beat, raped and sodomized her at knifepoint.

Plaintiff, in her first cause of action, alleges that defendants negligently allowed Toole to enter the building so as to gain access to her apartment. The second cause of action charges that defendant Mid-City negligently performed its security contract, and the third cause of action asserts that defendants violated Real Property Law § 235-b and breached the implied warranty of habitability by failing to properly staff the security desk or secure the complex.

Supreme Court granted defendants’ motions for summary judgment and dismissed the complaint. The court reasoned that plaintiffs deposition testimony established that defendants had taken minimal security precautions and that plaintiff failed to show that defendants’ negligence was a proximate cause of her injuries. A divided Appellate Division reversed, concluding that a question of fact existed as to whether defendants negligently permitted Toole, a nonresident and known troublemaker, to enter the building. The Appellate Division majority further concluded that there was an issue of fact as to whether plaintiffs act of opening the door without first looking through the peephole was an independent intervening act. The two dissenting Justices concluded that plaintiffs conduct was a superseding cause that severed the chain of causation. The Appellate Division certified to this Court the[*878] question of whether it properly reversed Supreme Court’s order. We conclude that it did.

Landlords have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including foreseeable criminal conduct by a third person (see, Jacqueline S. v City of New York, 81 NY2d 288, 293-294; Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548). A landlord has a duty to minimize the foreseeable danger from criminal acts when past experience alerts it to the likelihood of criminal conduct on the part of third persons. “Whether knowledge of criminal activities occurring at various points within a unified housing complex * * * can be sufficient to make injury to a person in one of the buildings foreseeable, must depend on the location, nature and extent of those previous criminal activities and their similarity, proximity or other relationship to the crime in question” (Jacqueline S. v City of New York, supra, 81 NY2d, at 295).

On a motion for summary judgment, a plaintiff need only raise a triable issue of fact regarding whether defendant’s conduct proximately caused plaintiffs injuries. Here, questions of fact remain as to whether defendants negligently failed to exclude Toole. The record reveals that Toole, who had relatives residing in the complex, had been involved in several criminal acts in the complex, including robbery, attempted rape and the beating of a security guard; that he had been arrested on the premises; and that defendants kept an arrest photo of him. We cannot conclude as a matter of law that Toole’s involvement in criminal activity on the premises was not a significant foreseeable possibility. More discovery is warranted to discern how foreseeable a risk he was and what measures defendants had in place to deal with him.

Finally, we agree with the Appellate Division majority that, on the facts of this case, plaintiffs opening of her apartment door without looking through the peephole or inquiring who was there was not an independent intervening act that, as a matter of law, absolved defendants of responsibility.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur in memorandum.

Order affirmed, etc.