Landlord Not Responsible for Super's Attack on Tenant

June 11, 2015

LVT Number: #26203

Tenant sued landlord for negligence, claiming that he was attacked by the building super. Tenant argued that landlord was negligent by keeping the super as an employee and failing to supervise him. The court dismissed the case. Tenant appealed and lost. Tenant claimed that the super had previously brandished a large, metal keychain in a threatening manner and that, during the incident in question, had struck tenant’s nose with the keychain. Tenant had previously complained about the super’s hostile language and aggressive refusals to fix the heat.

Tenant sued landlord for negligence, claiming that he was attacked by the building super. Tenant argued that landlord was negligent by keeping the super as an employee and failing to supervise him. The court dismissed the case. Tenant appealed and lost. Tenant claimed that the super had previously brandished a large, metal keychain in a threatening manner and that, during the incident in question, had struck tenant’s nose with the keychain. Tenant had previously complained about the super’s hostile language and aggressive refusals to fix the heat. But this didn’t prove that landlord knew or should have known of the super’s propensity for conduct that caused injury to tenant. 

 

Coronado v. 3479 Associates LLC: 2015 NY Slip Op 04210, 2015 WL 2237079 (App. Div. 1 Dept.; 5/14/15; Friedman, JP, Saxe, Richter, Manzanet-Daniels, JJ)

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