Tenant Shot in Building Lobby

January 11, 2013

LVT Number: #24529

Tenant's family sued landlord for negligence after tenant was fatally shot in the building lobby by attackers. The family claimed that the attacker gained access due to a negligently maintained lock. The court granted landlord's request to dismiss the case without a trial. The family appealed and lost. In a criminal case against the attacker, he pleaded guilty and stated that tenant knew him and let him enter the building lobby.

Tenant's family sued landlord for negligence after tenant was fatally shot in the building lobby by attackers. The family claimed that the attacker gained access due to a negligently maintained lock. The court granted landlord's request to dismiss the case without a trial. The family appealed and lost. In a criminal case against the attacker, he pleaded guilty and stated that tenant knew him and let him enter the building lobby. The attacker's statements were made before the family sued landlord and well before the family added the attacker as an additional defendant in its lawsuit against landlord.

Frederick v. 550 Realty Heights LLC: 995 NYS2d 586, 2012 NY Slip Op 08450 (App. Div. 1 Dept.; 12/11/12; Andrias, JP, Friedman, DeGrasse, Manzanet-Daniels, Gische, JJ)

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