Injury Wasn't Foreseeable

December 1, 2003

LVT Number: 16980

A boy sued landlord and tenant after he injured his hand while trying to enter tenant's ground-floor apartment through a closed window. The window was either locked or painted shut. Landlord and tenant asked the court to dismiss the case without a trial. The court ruled in their favor. Neither landlord nor tenant had a duty to provide access to intruders by keeping street-level or porch windows unsealed or unlocked. The boy's injury was not foreseeable.

A boy sued landlord and tenant after he injured his hand while trying to enter tenant's ground-floor apartment through a closed window. The window was either locked or painted shut. Landlord and tenant asked the court to dismiss the case without a trial. The court ruled in their favor. Neither landlord nor tenant had a duty to provide access to intruders by keeping street-level or porch windows unsealed or unlocked. The boy's injury was not foreseeable.

DeLorenzo v. Filipides: NYLJ, 11/18/03, p. 19, col. 3 (Sup. Ct. Kings; Kramer, J)

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