Landlord Not Responsible for One Tenant's Attack on Another

June 11, 2013

LVT Number: #24832

Tenant sued landlord and another tenant to recover damages for personal injuries after the other tenant attacked tenant in the building's common area. The court granted landlord's request to dismiss the case against it. Tenant appealed and lost. Landlord had no duty to prevent the attack unless it had the authority, ability, and opportunity to control the other tenant's actions. Tenant presented no facts to support a claim that landlord was in a position to control the other tenant. The case was properly dismissed.

Tenant sued landlord and another tenant to recover damages for personal injuries after the other tenant attacked tenant in the building's common area. The court granted landlord's request to dismiss the case against it. Tenant appealed and lost. Landlord had no duty to prevent the attack unless it had the authority, ability, and opportunity to control the other tenant's actions. Tenant presented no facts to support a claim that landlord was in a position to control the other tenant. The case was properly dismissed.

Mills v. Gardner: 2013 NY Slip Op 03465, 2013 WL 1984354 (App. Div. 2 Dept.; 5/15/13; Eng, PJ, Dickerson, Hall, Lott, JJ)

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