No Prior Criminal Activity at Building Presented Risk to Tenant

July 7, 2012

LVT Number: #24190

Tenant sued landlord for negligence after he was attacked in the building by intruders. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. There was no prior criminal activity at the building likely to endanger tenant's safety. Sworn statements of other tenants weren't specific enough to support a negligence claim. The one prior assault at the building involved the super, who was struck by a boyfriend of another tenant's daughter, rather than by an intruder.

Tenant sued landlord for negligence after he was attacked in the building by intruders. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. There was no prior criminal activity at the building likely to endanger tenant's safety. Sworn statements of other tenants weren't specific enough to support a negligence claim. The one prior assault at the building involved the super, who was struck by a boyfriend of another tenant's daughter, rather than by an intruder.

Rodriguez v. Camaway Realty, Inc.: NYLJ, 6/11/12, p. 22, col. 1 (App. Div. 1 Dept.; Tom, JP, Andrias, Moskowitz, Acosta, Abdus-Salaam, JJ)

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