Superintendent Stabbed by Tenant's Son

February 1, 1997

LVT Number: 11216

A superintendent's family sued landlord for negligence after tenant's son stabbed the super to death during an argument in tenant's apartment. The court ruled against super's family and dismissed the case. The family appealed. The appeals court again ruled against them. There was no claim that the incident resulted from a lapse in building security measures or from any criminal activities involving tenant's son or anyone else in the building.

A superintendent's family sued landlord for negligence after tenant's son stabbed the super to death during an argument in tenant's apartment. The court ruled against super's family and dismissed the case. The family appealed. The appeals court again ruled against them. There was no claim that the incident resulted from a lapse in building security measures or from any criminal activities involving tenant's son or anyone else in the building. Landlord's supposed knowledge of prior unrelated criminal activity or that tenant's son threatened and terrorized other residents was irrelevant and wasn't supported by any proof.

Lagotta v. 165 Bennett Ave., Inc.: NYLJ, p. 25, col. 2 (1/31/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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