Trial Required on Inadequate Security Claim

April 30, 1999

LVT Number: 13184

Tenant's family sued landlord for negligence. Tenant had died after being beaten by unidentified attackers in the parking lot of landlord's building. Landlord claimed it wasn't responsible for the attack and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant's family appealed. The appeals court ruled for tenant's family and reopened the case. Tenant's family showed that landlord had security reports of 59 separate incidents of criminal activity at and around the building during the year and a half before the attack on tenant.

Tenant's family sued landlord for negligence. Tenant had died after being beaten by unidentified attackers in the parking lot of landlord's building. Landlord claimed it wasn't responsible for the attack and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant's family appealed. The appeals court ruled for tenant's family and reopened the case. Tenant's family showed that landlord had security reports of 59 separate incidents of criminal activity at and around the building during the year and a half before the attack on tenant. So there was a question of fact as to whether landlord should have known about dangerous conditions and taken certain precautions.

Martin v. Grenadier Realty Corp.: NYLJ, p. 27, col. 3 (4/26/99) (App. Div. 1 Dept.; Nardelli, JP, Wallach, Lerner, Andrias, JJ)

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