Landlord Not Liable for Assault by Other Tenant

May 31, 1999

LVT Number: 13258

Tenant sued landlord for negligence after she was assaulted by another tenant who lived in the building. The court ruled against tenant without holding a trial, and tenant appealed. The appeals court also ruled against tenant. Even if tenant showed that landlord was aware of possible harassment of tenant by the other tenant, there was no proof that landlord knew that the other tenant could be violent. There was also no proof that the attack was foreseeable.

Tenant sued landlord for negligence after she was assaulted by another tenant who lived in the building. The court ruled against tenant without holding a trial, and tenant appealed. The appeals court also ruled against tenant. Even if tenant showed that landlord was aware of possible harassment of tenant by the other tenant, there was no proof that landlord knew that the other tenant could be violent. There was also no proof that the attack was foreseeable.

Bonano v. ''XYZ'' Corp.: NYLJ, p. 28, col. 4 (5/24/99) (App. Div. 1 Dept.; Sullivan, JP, Williams, Rubin, Andrias, Friedman, JJ)

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