Landlord Not Responsible for Attack on Tenant During Robbery

September 24, 2017

LVT Number: #27904

Landlord sued tenant for negligence after tenant was injured during an armed robbery of his apartment. The intruders entered the building through a casement apartment window, which allowed them to enter a garage, then climb a stairway that led to a rear door of tenant's apartment. Tenant claimed that landlord failed to provide a rear apartment door that was secured or that could be locked from the inside. The court denied landlord's request to dismiss the case without a trial. Landlord appealed and won.

Landlord sued tenant for negligence after tenant was injured during an armed robbery of his apartment. The intruders entered the building through a casement apartment window, which allowed them to enter a garage, then climb a stairway that led to a rear door of tenant's apartment. Tenant claimed that landlord failed to provide a rear apartment door that was secured or that could be locked from the inside. The court denied landlord's request to dismiss the case without a trial. Landlord appealed and won. Landlord showed that they lacked notice of any prior occurrence of the same or similar criminal activity at a location close to tenant's apartment. So landlord wasn't responsible for the attack.

Golub v. Louris: 153 A.D.3d 903, 2017 NY Slip Op 06353 (App. Div. 2 Dept.; 8/30/17; Balkin, JP, Roman, Sgroi, Duffy, JJ)

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