Tenant's Son Killed on Building Grounds

Tenant sued landlord for negligence after tenant's 22-year-old son was killed on the building complex grounds. Landlord claimed that it wasn't responsible for the unknown attackers' criminal act and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord was aware of incidents on the grounds involving violence and the use of drugs and alcohol by youths. In response, landlord hired a private security company to patrol the grounds. So landlord had taken on a duty of protection to the building's residents. On the night that tenant's son was killed, landlord's security company had called the police to help break up a party on the grounds. A trial is needed to determine whether landlord took reasonable security measures and, if not, whether failure to do so caused the death of tenant's son.

Warfel v. Edgewater Park Owners Cooperative, Inc.: NYLJ, 9/8/06, p. 24, col. 3 (Sup. Ct. Bronx; Guzman, J)