Landlord Not Liable for One Tenant's Attack on Another

February 1, 2004

LVT Number: 17093

Tenant sued landlord for negligence after another tenant attacked him. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord had no duty to prevent the attack unless it had the authority, ability, and opportunity to control the attacking tenant's actions. Landlord had no chance to stop the attack in this case because it was the result of a personal dispute between tenants and wasn't foreseeable.

Tenant sued landlord for negligence after another tenant attacked him. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord had no duty to prevent the attack unless it had the authority, ability, and opportunity to control the attacking tenant's actions. Landlord had no chance to stop the attack in this case because it was the result of a personal dispute between tenants and wasn't foreseeable.

Britt v. NYCHA: NYLJ, 1/26/04, p. 25, col. 4 (App. Div. 2 Dept.; Santucci, JP, Krausman, Schmidt, Rivera, JJ)

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