Landlord Not Accountable for Murder in Tenant's Apartment

February 1, 1993

LVT Number: 6694

The administrator of tenant's estate sued landlord and a building security firm for negligence after tenant was murdered in her apartment. Landlord asked the trial court to dismiss the case without a trial. The court refused, and landlord and the security firm appealed. The appeals court dismissed the case. The contract between the security firm and landlord was made not for tenant's benefit but to protect landlord's property and personnel. And there were no signs of forced entry into tenant's apartment.

The administrator of tenant's estate sued landlord and a building security firm for negligence after tenant was murdered in her apartment. Landlord asked the trial court to dismiss the case without a trial. The court refused, and landlord and the security firm appealed. The appeals court dismissed the case. The contract between the security firm and landlord was made not for tenant's benefit but to protect landlord's property and personnel. And there were no signs of forced entry into tenant's apartment. Tenant's representative had absolutely no proof that there was an unauthorized intruder in the building due to landlord's negligence.

[Pagan v. Hampton Houses: 589 NYS.2d 471 (11/17/92) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Kupferman, Kassal, JJ)].

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