Landlord Not Responsible for Super’s Attack on Tenants

November 20, 2015

LVT Number: #26605

Tenants sued landlord for negligence, claiming that the building super assaulted them by intentionally throwing a chemical drain unclogging agent at them. Landlord claimed that it wasn’t responsible, and the court granted landlords’ request to dismiss the case. Tenants appealed and lost. The super wasn’t acting within the scope of his employment when he attacked tenants and his conduct wasn’t reasonably foreseeable by landlord. Therefore, landlord wasn’t vicariously liable for the super’s conduct.

Tenants sued landlord for negligence, claiming that the building super assaulted them by intentionally throwing a chemical drain unclogging agent at them. Landlord claimed that it wasn’t responsible, and the court granted landlords’ request to dismiss the case. Tenants appealed and lost. The super wasn’t acting within the scope of his employment when he attacked tenants and his conduct wasn’t reasonably foreseeable by landlord. Therefore, landlord wasn’t vicariously liable for the super’s conduct. Landlord didn’t know or have reason to know that the super had violent tendencies.

 

 

 

DeJesus v. DeJesus: 2015 NY Slip Op 07468, 2015 WL 5945319 (App. Div. 2 Dept.; 10/14/15; Rivera, JP, Balkin, Dickerson, Cohen, JJ)

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