City Not Responsible for Attack on Homeless Shelter Resident

Former NYC homeless shelter resident sued the city for negligence after he was violently assaulted by another shelter resident. NYC owned the shelter. Resident also sued the NYC Dept. of Homeless Services (DHS) as the provider of security at the shelter and the Volunteers of America -Greater New York, Inc. (VOA) as the shelter operator.

All the defendants asked the court to dismiss the case without trial. Resident had complained previously to DHS but not VOA about the other resident. But the prior threats cited weren't similar to the one at issue. So, the assault wasn't foreseeable and didn't give rise to a duty to resident by VOA. And DHS was responsible for security, not VOA. So the case was dismissed as against VOA. Resident also failed to show that municipal defendants NYC or DHS owed him any special duty. So the case against them also was dismissed. 

Coleman v. City of New York: Index No. 151877/2016, 2020 NY Slip Op 31059(U)(Sup. Ct. NY; 4/24/20; Love, J)