Landlord Let Unauthorized Visitor Up to Tenants' Apartment

Tenants sued landlord for negligence after one of them was attacked by a visitor whom tenants had asked landlord not to admit into the building because he had threatened them.

The night before the incident, a building employee had stopped the visitor from entering the building. But, the next morning, a new employee escorted the person to tenants' door. Tenants claimed that the employee left the visitor at their door unattended after announcing him, while they told the employee that the visitor wasn't welcome. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for attacks by third parties at its building.

The court ruled against landlord. Landlord couldn't claim the attack was unpredictable since tenants gave landlord an express warning. Questions of fact required a trial as to whether the employee leaving the visitor at tenants' door unattended or tenants opening the door to their apartment was the proximate cause of tenant's injuries.

Maldonado v. Ruppert Hous. Co. Inc.: Index No. 153148/2018, 2022 NY Slip Op 32832(U), NYLJ No. 1661844833 (Sup. Ct. NY; 8/22/22; Nervo, J)