Legal Overview: David and Brian Case Study

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Summary of Facts On July 4th 2010, David and Brian, both residents of the same cooperative building on the Upper West Side of Manhattan in New York City decided to watch the Macy's annual fireworks display from the 45th floor roof of their building. To access the roof, they quietly ascended the last flight of stairs, ducking under a chain with a warning sign not to do so. The warning sign read as follows: DANGER! Emergency Fire Exit ONLY. Unauthorized Access Beyond this Point for Any Reason is Strictly Forbidden. Violators (Including Building Residents) Will Be Prosecuted for Trespass. Two smaller sign on both sides of the chain said: "Unhook Here in Emergencies and Remove Chain from Stairwell to Avoid Tripping Risk." Because the door to roof is alarmed, they accessed the roof by crawling through a ventilation window. First, they used a screwdriver to remove the screws installed to prevent the window from opening more than six inches. David crawled out the window first followed by Brian and in their haste, neither of them remembered to take their flashlight and they left it inside the window but they didn't need it because an aircraft warning light casted a red glow that was bright enough to see where they were going. After enjoying the firework display, they high-fived and agreed to do the same thing next year. Before leaving, they replaced the screws in the window so that nobody would know they had been there. Exactly a year later, they returned,

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