Crowbar Thrown from Rooftop

April 1, 1998

LVT Number: 12219

Tenant sued landlord for negligence. Someone threw a crowbar from the roof of the building and hit tenant, who was standing outside, on the head. Landlord asked the court to dismiss the case without holding a trial. The court ruled for landlord, and tenant appealed and lost. Landlord was required to keep the door to the roof open to provide access to tenants and other authorized persons for fire safety purposes. Tenant didn't know who threw the crowbar. It could have been a tenant or an intruder. The person might have had access to the roof no matter what security measures landlord took.

Tenant sued landlord for negligence. Someone threw a crowbar from the roof of the building and hit tenant, who was standing outside, on the head. Landlord asked the court to dismiss the case without holding a trial. The court ruled for landlord, and tenant appealed and lost. Landlord was required to keep the door to the roof open to provide access to tenants and other authorized persons for fire safety purposes. Tenant didn't know who threw the crowbar. It could have been a tenant or an intruder. The person might have had access to the roof no matter what security measures landlord took. Tenant didn't show that landlord violated any duty that caused tenant's injuries.

Whiteside v. NYCHA: NYLJ, p. 31, col. 5 (3/13/98) (App. Div. 2 Dept.; Rosenblatt, JP, Ritter, Copertino, Goldstein, JJ)

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