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Duty to Decedent Ends at Property Line

Case Study

Duty to Decedent Ends at Property Line

March 2017
Kenneth M. Alweis

Kenneth M. Alweis and Shannon T. O’Connor, attorneys in Goldberg Segalla’s General Liability Practice Group, obtained summary judgment in New York State Supreme Court dismissing a complaint brought by a murder victim’s mother against our client, a security company who was contracted to provide security services for an apartment building.

Through thorough investigation and extensive depositions of law enforcement personnel, our team was able to establish that the assault on the decedent did not occur on the property owned by the apartment building. Our team then successfully argued a lack of privity between the decedent and the security company and that, under New York law, our client’s duty did not extend beyond the boundaries of the property.