It is well settled that a finding of negligence requires the breach of a duty because, in the absence of a duty, there is no breach, and, without a breach, there can be no liability. If a defendant owes no duty to a plaintiff, there can be no liability in damages, however careless the conduct or foreseeable the harm. Foreseeability should not be confused with duty and may not be relied on to create a duty. The principle of foreseeability is applicable to determine the scope of the duty only after it has been found to exist, and that if there is no duty, then the principle is inapplicable and the foreseeability of the accident is irrelevant.
Dibrino v. Rockefeller Ctr. North, Inc., NY Slip Op 03558 (1st Dep't July 2 2024)
