No Liability for Assault Outside Building

June 30, 2005

LVT Number: 18178

Tenant sued landlord for negligence after he was shot outside his apartment building at 3 am. Landlord asked the court to dismiss the case. Landlord claimed that it wasn't responsible for a criminal act by an unknown attacker outside the building. Tenant claimed that he should be allowed to complete pretrial questioning. The court ruled against landlord. Landlord appealed and won. Landlord wasn't responsible for a shooting on the sidewalk outside its building. And the failure to complete pretrial questioning was due to tenant's own delay.

Tenant sued landlord for negligence after he was shot outside his apartment building at 3 am. Landlord asked the court to dismiss the case. Landlord claimed that it wasn't responsible for a criminal act by an unknown attacker outside the building. Tenant claimed that he should be allowed to complete pretrial questioning. The court ruled against landlord. Landlord appealed and won. Landlord wasn't responsible for a shooting on the sidewalk outside its building. And the failure to complete pretrial questioning was due to tenant's own delay.

Ward v. NYCHA: NYLJ, 6/2/05, p. 24, col. 5 (App. Div. 1 Dept.; Andrias, JP, Marlow, Sullivan, Gonzalez, Sweeny, JJ)

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