Landlord Not Liable for Murder at Building

January 1, 2006

LVT Number: 18559

Tenant's family sued landlord for negligence after tenant was murdered in landlord's building. After a jury trial, the court found landlord 38 percent responsible for the killing and awarded tenant's family $4.2 million. Landlord appealed and won. While there were disputed facts at trial concerning building security, landlord wasn't responsible. The attackers, who were convicted of second degree murder, had planned an armed robbery of one building occupant, and had planned to take hostages.

Tenant's family sued landlord for negligence after tenant was murdered in landlord's building. After a jury trial, the court found landlord 38 percent responsible for the killing and awarded tenant's family $4.2 million. Landlord appealed and won. While there were disputed facts at trial concerning building security, landlord wasn't responsible. The attackers, who were convicted of second degree murder, had planned an armed robbery of one building occupant, and had planned to take hostages. When they arrived at the building, they took four captives at gunpoint, entered tenant's apartment, and executed six people by shooting each one in the head. This intentional conduct was the sole cause of tenant's death.

Flores v. Dearborne Mgmt., Inc.: NYLJ, 12/5/05, p. 25, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Friedman, Marlow, Sullivan, JJ)

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