Landlord Not Liable for Shooting

Facts: Tenant entered his building lobby and saw six people between the inner and outer doors in front of the building's security booth. The guards were in the booth. He recognized some tenants and some drug dealers among the six people. Another 15 people were inside the lobby. Someone just outside the building shot into the lobby, hitting tenant. Tenant sued landlord for negligence. He claimed he had complained in the past about the doors being unlocked and drug dealing in the lobby. Landlord asked the court to dismiss the case without a trial. Court: Landlord wins. Tenant didn't prove a history of violent crime in the building that would have put landlord on notice of the foreseeability of the shooting. There was no indication that the shooter was loitering around the building, that he had made prior threats, or that the security guards knew that he was armed and planning to fire his weapon.

Stephenson v. Coney Island Site 17 Houses, Inc.: NYLJ, p. 32, col. 2 (6/30/99) (Sup. Ct. Kings; Rappaport, J)