Landlord Not Responsible for Injuries to Tenant After Shooting

November 21, 2019

LVT Number: #30488

Tenant sued landlord after being shot at her apartment building. The court granted landlord's request to dismiss the case. Tenant appealed and lost. Landlord had a duty to take minimal security precautions to protect tenants from foreseeable criminal acts by outside parties. Landlord discharged its duty by locking doors to the building with a buzzer and intercom system, along with video surveillance cameras. Landlord also established through testimony that there was a lack of prior robberies or violent crimes in the building.

Tenant sued landlord after being shot at her apartment building. The court granted landlord's request to dismiss the case. Tenant appealed and lost. Landlord had a duty to take minimal security precautions to protect tenants from foreseeable criminal acts by outside parties. Landlord discharged its duty by locking doors to the building with a buzzer and intercom system, along with video surveillance cameras. Landlord also established through testimony that there was a lack of prior robberies or violent crimes in the building. Tenant's reliance on vague testimony regarding unknown police activity at the building and speculation about drug sales, robberies, and other violent crimes was insufficient to raise a triable issue of fact. 

Lawyer v. City of New York: 2019 NY Slip Op 07698 (App. Div. 1 Dept.; 10/24/19; Friedman, JP, Kapnick, Oing, Singh, JJ)

Topics

More like this