I posted about a recent premises liability case from the Appellate Division, First Department — Lee v. New York City Hous. Auth.  Although I noted in the post that the case is an excellent overview of premises liability, the decision troubled me.

A former colleague from the New York Court of Appeals wrote me about his disagreement with the Court’s holding and reasoning and I asked him to share his analysis on this Weblog (see comment here).  David brings up some excellent points, and I agree with him.  Shouldn’t this case have gone to the jury?  We’d like to know your opinion in the comments section.