Tenant Claims Super Assaulted Him

Tenant sued landlord after he was assaulted by the building's super. Tenant was a leader of the building's tenant association and helped organize a rent strike. The super attacked tenant while tenant was videotaping an inspection of the fire escape. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the super's action. The court ruled for landlord. Tenant appealed and won. It was unclear whether the super was acting as landlord's agent when he attacked tenant. There was no proof that the super had any personal reason to attack tenant. He was angry, as was landlord, about the rent strike. He attacked tenant to stop tenant from videotaping, which tenant was doing to collect evidence. This was in landlord's interest. So there was a question of fact as to whether the super was acting within the scope of his employment when he assaulted tenant. A trial was needed to determine the facts.

Ramos v. Jake Realty Co.: NYLJ, 9/12/05, p. 26, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Tom, Mazzarelli, Ellerin, Gonzalez, JJ)