Gross v. Empire State Bldg. Assoc

In Gross v. Empire State Bldg. Assoc. (NYLJ, Feb. 27, 2003, at 21, col 2 [Sup Ct, NY County, Lehner, J.]), the court found that violent criminal activity in the Empire State Building's stores and abutting sidewalks, combined with bomb threats to the building, which threats constituted criminal activity, raised a factual issue as to the foreseeability of a shooting on the observation deck. In that case, on February 23, 1997, a Palestinian, in this country on a visa, went to the observation deck and indiscriminately shot at tourists, killing one and injuring five others, before killing himself. (Id.) The plaintiffs argued that the landlords were negligent, inter alia, in not installing metal detectors and maintaining a program of inspection of bags. (Id.) The court found that the criminal activity noted above put the defendants on notice, warranting denial of defendants' summary judgment motion.