Daly v. City of New York

In Daly v. City of New York (227 A.D.2d 432 [2d Dept. 1996]), the decedent was shot in a gun battle between several teenagers, one of whom was alleged to be a tenant, in the outdoor common area of a public housing project. In dismissing the action against the owner New York City Housing Authority, the Court held the owner had no reasonable opportunity or ability to control the conduct of the perpetrators. Further, because the shooting incident occurred in the outdoor common area of the housing project, the defendant owner had no duty to protect the decedent.