Landlord Not Responsible for Attack in Tenant’s Apartment

March 16, 2016

LVT Number: #26832

Tenant sued landlord after he was attacked in his apartment. Landlord asked the court to dismiss the complaint, claiming that it wasn’t responsible for tenant’s injuries. The court ruled for landlord. Tenant appealed and lost. Landlord showed that there was no prior criminal activity at the building likely to endanger tenant’s safety, and the attackers’ conduct was not foreseeable. There was no proof that the attackers were intruders or gained access to the building due to a lapse in security.

 

 

 

Tenant sued landlord after he was attacked in his apartment. Landlord asked the court to dismiss the complaint, claiming that it wasn’t responsible for tenant’s injuries. The court ruled for landlord. Tenant appealed and lost. Landlord showed that there was no prior criminal activity at the building likely to endanger tenant’s safety, and the attackers’ conduct was not foreseeable. There was no proof that the attackers were intruders or gained access to the building due to a lapse in security.

 

 

 

 

Ramos v. 2302 Plaza Associates, LP: 2016 NY Slip Op 01115, 2016 WL 597089 (App. Div. 1 Dept.; 2/16/16; Tom, JP, Acosta, Moskowitz, Gische, JJ)

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