Landlord Not Liable for Tenant's Murder

April 30, 2004

LVT Number: 17274

Tenant's family sued landlord after tenant was murdered in her apartment in 1991. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. The family had presented no proof that the murderer was an intruder who gained entry to the building because of landlord's negligence. Later, after the murderer was caught and pleaded guilty, the family asked the court to reopen the case based on newly discovered evidence. The court ruled for the family. Landlord appealed and won. There still was no proof of negligent maintenance or inadequate security at the building.

Tenant's family sued landlord after tenant was murdered in her apartment in 1991. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. The family had presented no proof that the murderer was an intruder who gained entry to the building because of landlord's negligence. Later, after the murderer was caught and pleaded guilty, the family asked the court to reopen the case based on newly discovered evidence. The court ruled for the family. Landlord appealed and won. There still was no proof of negligent maintenance or inadequate security at the building. Although the murderer pleaded guilty, no details of the circumstances appeared in the record of the criminal proceeding. The case was again dismissed.

Ramos v. 1199 Hous. Corp.: NYLJ, 4/9/04, p. 28, col. 1 (App. Div. 2 Dept.; Altman, JP, Florio, Luciano, Mastro, JJ)

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