Tenant Shot Through Open Bedroom Window

April 30, 1997

LVT Number: 11432

Tenant sued landlord NYCHA after her son was shot through an open bedroom window. The shots were fired from a lot across the street owned by the City of New York but not connected to NYCHA or the building property. The shooter was caught and arrested. Tenant claimed there was continual drug activity and gunfire on the lot. The court ruled for tenant without a trial. Landlord appealed and won, and the case was dismissed.

Tenant sued landlord NYCHA after her son was shot through an open bedroom window. The shots were fired from a lot across the street owned by the City of New York but not connected to NYCHA or the building property. The shooter was caught and arrested. Tenant claimed there was continual drug activity and gunfire on the lot. The court ruled for tenant without a trial. Landlord appealed and won, and the case was dismissed. Landlord had no duty to protect tenant's son from criminal acts of third persons committed on neighboring property, even though the act resulted in injury at landlord's building. There was also no proof that ongoing activities in the lot posed a risk of danger to tenants sufficient to require landlord to protect tenants from the results of those acts.

Martinez v. NYCHA: NYLJ, p. 26, col. 6 (4/10/97) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Mazzarelli, Andrias, JJ)

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