Landlord Not Responsible for Tenant Being Shot Inside Building

September 24, 2017

LVT Number: #27906

Tenant sued the city and NYCHA, his landlord, after he was shot in the leg by an unknown attacker in his apartment building hallway. Tenant claimed that landlord failed to provide a properly locking rear door to his apartment. The court ruled against tenant, who appealed and lost. Landlord showed that the lock on the rear apartment door was working, and there was no proof concerning who shot tenant or that he was an intruder. So landlord wasn't responsible for tenant's injuries. And tenant couldn't sue the City of New York separately for the reason he sued NYCHA. 

Tenant sued the city and NYCHA, his landlord, after he was shot in the leg by an unknown attacker in his apartment building hallway. Tenant claimed that landlord failed to provide a properly locking rear door to his apartment. The court ruled against tenant, who appealed and lost. Landlord showed that the lock on the rear apartment door was working, and there was no proof concerning who shot tenant or that he was an intruder. So landlord wasn't responsible for tenant's injuries. And tenant couldn't sue the City of New York separately for the reason he sued NYCHA. 

Martinez v. City of New York: 153 A.D.3d 803, 2017 NY Slip Op 06263 (App. Div. 2 Dept.; 8/23/17; Chambers, JP, Miller, Hinds-Radix, LaSalle, JJ)

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