Tenant Can't Sue Landlord of Neighboring Building

July 31, 1995

LVT Number: 9883

Tenant sued landlord of adjoining building and landlord's tenants. Tenant claimed that landlord's tenants threatened her and caused her extreme emotional distress. She claimed landlord was negligent for not evicting them. The trial court dismissed the complaint against landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had no duty to protect tenant of another building from his own tenants. The incidents complained of, although bizarre, arose out of a personal problem between tenant and landlord's tenants. Landlord had no control over their behavior.

Tenant sued landlord of adjoining building and landlord's tenants. Tenant claimed that landlord's tenants threatened her and caused her extreme emotional distress. She claimed landlord was negligent for not evicting them. The trial court dismissed the complaint against landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had no duty to protect tenant of another building from his own tenants. The incidents complained of, although bizarre, arose out of a personal problem between tenant and landlord's tenants. Landlord had no control over their behavior.

Siino v. Reices: NYLJ, p. 36, col. 2 (7/3/95) (App. Div. 2 Dept.; Sullivan, JP, Pizzuto, Santucci, Goldstein, JJ)

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