In Rubino v. City of New York, 114 AD2d 243 (1st Dept. 1986) the Court found that when the State acts in a proprietary capacity as a landlord, it is subject to the same principles of tort law as a private landlord. In Rubino, a teacher, who was supervising a class in the school yard, was injured when a metal object was thrown through the air from a neighboring apartment building and lot striking the teacher. The Rubino Court found that the Board was not immune from liability because the incident was not isolated and because the Board failed in its proprietary capacity as landlord to issue warnings or otherwise take appropriate action