Building Porter Molested Tenant's Child

March 1, 2004

LVT Number: 17152

Tenant sued landlord, claiming that he was responsible for the building porter's sexual assault on tenant's 14-year-old child. Tenant also claimed that landlord negligently hired the porter. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant had never complained to landlord about the porter and, in fact, considered him to be a friend. Landlord only learned of the porter's actions from the police after tenant complained to them. The porter's actions were personal and were outside the scope of his employment.

Tenant sued landlord, claiming that he was responsible for the building porter's sexual assault on tenant's 14-year-old child. Tenant also claimed that landlord negligently hired the porter. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant had never complained to landlord about the porter and, in fact, considered him to be a friend. Landlord only learned of the porter's actions from the police after tenant complained to them. The porter's actions were personal and were outside the scope of his employment. There also was no proof that the porter had any history of violence or sexual misconduct.

Reyes v. Rivas: NYLJ, 2/9/04, p. 18, col. 3 (Sup. Ct. Bronx; Salerno, J)

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