This section contains the nature of the case and procedural background.

Nallan (P) had been subject to death threats from his efforts to uncover corrupt practices in a labor union in which he was a member. Time passed, and it appeared that P was safe. P entered Helmsley's (D) office building to attend a union meeting. The lobby attendant was off on a janitorial assignment when P was shot in the lobby as he signed himself into the building. P sued D on the basis that D could foresee violence in the building and was negligent in not providing affirmative protection, and that D has assumed the duty of providing a lobby attendant. The jury found negligence but also found that it was not foreseeable. The Appellate division found for D as P has not proved that the injury was foreseeable. P appealed.

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