Tenant Murdered in Building

February 1, 1995

LVT Number: 9433

Tenant's mother sued landlord NYCHA for negligence after tenant was murdered in his building. Tenant's mother claimed landlord was responsible because it hadn't installed and maintained a lock on the front door of the building where tenant was murdered. Landlord asked the court to dismiss the case, arguing that tenant's murder wasn't foreseeable, and that a third person was responsible for the criminal act. The court ruled for landlord, and tenant's mother appealed. The appeals court also ruled for landlord.

Tenant's mother sued landlord NYCHA for negligence after tenant was murdered in his building. Tenant's mother claimed landlord was responsible because it hadn't installed and maintained a lock on the front door of the building where tenant was murdered. Landlord asked the court to dismiss the case, arguing that tenant's murder wasn't foreseeable, and that a third person was responsible for the criminal act. The court ruled for landlord, and tenant's mother appealed. The appeals court also ruled for landlord. Tenant had been killed by a long-time enemy who'd tried to kill him at least once before. Also, the evidence showed that the killer most likely got into the building because the front door had been tied open by a delivery person.

Harris v. NYCHA: NYLJ, p. 30, col. 6 (1/17/95) (App. Div. 2 Dept.; Miller, JP, Lawrence, Ritter, Santucci, JJ)

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