Landlord Not Liable for Sexual Assault on Tenant

January 1, 1995

LVT Number: 9358

Tenant sued landlord for negligence after she was sexually assaulted in her building. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the criminal acts of third parties. The court agreed, and tenant appealed. She argued that landlord was responsible because there had been prior incidents of criminal activity in the neighborhood and in the building. The appeals court ruled for landlord. Tenant neither showed that her assault was foreseeable, nor gave any details about the alleged prior criminal acts in the building.

Tenant sued landlord for negligence after she was sexually assaulted in her building. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the criminal acts of third parties. The court agreed, and tenant appealed. She argued that landlord was responsible because there had been prior incidents of criminal activity in the neighborhood and in the building. The appeals court ruled for landlord. Tenant neither showed that her assault was foreseeable, nor gave any details about the alleged prior criminal acts in the building.

Rozhik v. 1600 Ocean Parkway Associates: 617 NYS2d 535 (10/31/94) (App. Div. 2 Dept.; O'Brien, JP, Pizzuto, Altman, Hart, JJ)

Topics

More like this