Landlord Not Responsible for Doorman's Attack on Tenant

January 1, 2007

LVT Number: 19332

Tenant sued landlord for negligence, claiming that she was harassed and assaulted on two occasions by the building's doorman. Landlord said it was not responsible, because it had no notice that the doorman had any tendency to commit the acts claimed by tenant. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord submitted proof that it had no notice of complaints about the doorman, and tenant showed no proof to the contrary. And if doorman harassed tenant, it was not done as part of his normal job duties.

Tenant sued landlord for negligence, claiming that she was harassed and assaulted on two occasions by the building's doorman. Landlord said it was not responsible, because it had no notice that the doorman had any tendency to commit the acts claimed by tenant. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord submitted proof that it had no notice of complaints about the doorman, and tenant showed no proof to the contrary. And if doorman harassed tenant, it was not done as part of his normal job duties.

White v. Hampton Mgmt. Co. LLC: NYLJ, 12/18/06, p. 29, col. 4 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Gonzalez, Sweeny, Catterson, JJ)

Topics

More like this