Landlord Not Responsible for Shooting of Tenant in Her Apartment

Tenant sued landlord for negligence. In 2008, the father of her child shot her in her apartment. Earlier that day tenant had gone to the father's apartment to retrieve their child after an argument over babysitting arrangements. While there she took $2,500 and some drugs that belonged to the father. She telephoned him when she got home and told him what she had done in order to taunt him. The father then came over and shot her. Tenant claimed that landlord failed to provide locks or other adequate security on the building entry door or the door to her apartment. Landlord claimed that the attack was unforeseeable and no amount of security could have stopped it.

The court ruled for landlord and dismissed the case. Landlord had no knowledge of the abusive relationship between tenant and the child's father. The apartment door had a working lock, but had been left open by one of tenant's visiting friends when he went out to the store. It was unclear how the father got into the building, but given the circumstances, including tenant's inciting behavior, he probably would have gained entry no matter what security was in place. Landlord wasn't responsible for the attack.

Simmons v. Kingston Heights Apartments LP: 39 Misc.3d 1228(A), 2013 NY Slip Op 50796(U) (Sup. Ct. Kings; 5/3/13; Schmidt, J)