The Federation Employment and Guidance Service, Inc. (FEGS) had a contract with the State of New York to provide housing for people with a history of mental illness.
For no apparent reason, one of FEGS' tenants -- a guy named "Derr" -- supposedly attacked a 10-month old child with a knife.
After a personal-injury lawsuit was filed, the New York County Supreme Court denied FEGS' request to dismiss the case.
While the tenant might have posed a foreseeable risk of harm, the Appellate Division, First Department, didn't think that predictability was enough to trigger a duty to protect the community-at-large -- particularly since FEGS didn't have the power to confine Derr to the facility or control his conduct when he left the building.
The AD1 sure cut through that.
To view a copy of the Appellate Division's decision, please follow this link: Arvins v. Federation Empl. & Guidance Serv., Inc.