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Since the owners of an Ulster County, NY, mall took at least “minimal precautions to protect tenants from foreseeable harm,” they cannot be held liable for the brutal after-hours murder of the night manager of a restaurant, an upstate appellate court has held. A unanimous panel of the Appellate Division, Third Department, threw out a lawsuit filed by the estate of Sharon Inger against the Hudson Valley Mall near Kingston, NY. The ruling reversed a decision by the trial judge, who found that the duty of the mall to provide adequate security and the foreseeability of the murder presented issues of fact for a jury to ponder.
The appellate court rebuffed arguments that the mall's owners should have upgraded security after an incident on a Saturday afternoon more than a year before the 2006 murder when a man indiscriminately opened fire in a store and the mall's common area with a semi-automatic assault weapon, wounding two people.
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