Landlord Not Responsible for Shooting Outside Building

December 17, 2017

LVT Number: #28081

A man standing on the sidewalk outside a bar on the ground floor of landlord's building sued landlord and the bar, claiming that they were responsible for his injuries after he was shot in the foot by another individual. The court granted landlord's request to dismiss the case against it. The man appealed and lost. Landlord can't be held responsible for an assault that happened on a public street over which it had no control. And landlord owed no duty of care to prevent the incident since it was an out-of-possession landlord when the shooting occurred. 

A man standing on the sidewalk outside a bar on the ground floor of landlord's building sued landlord and the bar, claiming that they were responsible for his injuries after he was shot in the foot by another individual. The court granted landlord's request to dismiss the case against it. The man appealed and lost. Landlord can't be held responsible for an assault that happened on a public street over which it had no control. And landlord owed no duty of care to prevent the incident since it was an out-of-possession landlord when the shooting occurred. 

Ballo v. AIMCO 2252-2258 ACP, LLC: 63 N.Y.S.3d 865, 2017 NY Slip Op 08443 (App. Div. 1 Dept.; 11/30/17; Renwick, JP, Manzanet-Daniels, Mazzarelli, Kahn, Moulton, JJ)

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