Premises liability, as with liability for negligence generally, begins with duty. It is for the court to determine whether any duty exists, taking into consideration the reasonable expectations of the parties and society in general. The scope of any such duty of care varies with the foreseeability of possible harm. Generally, liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of the property.
Cox v. Cove 5, LLC, NY Slip Op 05160 (2d Dep't September 2, 2026)
