Tenant Attacked by Other Tenant

Tenant sued landlord after tenant was attacked in the building by another tenant. Tenant claimed that landlord was responsible for his damages under RPL Section 231(2). Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. In a prior incident, tenant was punched and the window of the apartment he lived in with his mother was shattered after he complained that the other tenant was dealing drugs in the building hallway. Under RPL Section 231(2), a landlord who knowingly leases an apartment used for illegal business, or permits the apartment to be used for illegal purposes, is responsible for any damage resulting from the illegal use. Landlord claimed that it had no notice of the prior incident. But, in pretrial questioning, one of landlord's staff testified that tenant had complained about drug activity in the building. Tenant and his mother also had filed a police report. Landlord also claimed that there was no connection between any drug activity in the building and tenant's injuries. But it showed no proof to support this claim. Landlord couldn't claim that the attack was unrelated to tenant's prior complaints or that the attack wasn't foreseeable. Tenant could go ahead with a trial.

Neil v. NYCHA: NYLJ, 3/3/08, p. 33, col. 6 (App. Div. 2 Dept; Skelos, JP, Fisher, Dillon, McCarthy, JJ)