Child Shot in Front of Building

March 1, 1996

LVT Number: 10400

A child coming to visit one of building's tenants was shot in the street in front of landlord's building. The child's parents sued landlord for negligence. The lower court ruled for child, and landlord appealed. The Court of Appeals reversed and ruled for landlord, dismissing the case. Landlord had no duty to secure the front door of the building to protect passersby from the threat of people who engaged in drug-related activity in or around the building.

A child coming to visit one of building's tenants was shot in the street in front of landlord's building. The child's parents sued landlord for negligence. The lower court ruled for child, and landlord appealed. The Court of Appeals reversed and ruled for landlord, dismissing the case. Landlord had no duty to secure the front door of the building to protect passersby from the threat of people who engaged in drug-related activity in or around the building.

Rodriguez v. Oak Point Management: NYLJ, p. 28, col. 3 (2/9/96) (Ct. App.; Kaye, CJ., Simons, Titone, Bellacosa, Smith, Levine, Ciparick, JJ)

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