Landlord Not Fully Liable for Criminal Attack on Tenant

Facts: Landlord hired an unlicensed plumber he was acquainted with to do repairs at the building. Within several months, landlord gave the plumber keys to tenant's apartment to make toilet repairs while tenant wasn't home. Plumber made repairs but also made a copy of tenant's key and returned on another day to rob the apartment. When tenant came home unexpectedly, the plumber viciously attacked her. Tenant sued landlord for negligence and negligent hiring. Tenant didn't sue the plumber. Landlord claimed that CPLR Article 16 applied to the case to bar full liability since the plumber was the party who actually caused tenant's injuries. The court ruled for tenant and awarded her $1,250,000 in damages. Landlord appealed. Court: Landlord wins. Landlord, whose actions were claimed to have been merely negligent, wasn't barred from seeking a share in the apportionment of liability from the plumber. The trial court should have allowed the jury to determine the plumber's share of the fault. If landlord was less than 50 percent at fault, then CPLR article 16 liability apportionment provisions should have been applied. The amount of the damages itself was proper.

Siler v. 146 Montague Assocs.: NYLJ, p. 25, col. 3 (1/24/97) (App. Div. 2 Dept.; Rosenblatt, JP, Ritter, Copertino, Santucci, JJ)