Trial Required on Inadequate Security Claim

September 30, 2002

LVT Number: 16115

Tenants' family sued landlord after tenants were murdered in their apartment. Tenants' family claimed that inadequate security at the building was the cause of the murders. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenants' family showed that there was criminal activity in the area at the time of the murders, which landlord knew about. There were also factual questions as to whether the front door lock was working when the murderers gained access.

Tenants' family sued landlord after tenants were murdered in their apartment. Tenants' family claimed that inadequate security at the building was the cause of the murders. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenants' family showed that there was criminal activity in the area at the time of the murders, which landlord knew about. There were also factual questions as to whether the front door lock was working when the murderers gained access. And it was undisputed that the building's security guard wasn't in the lobby at the time the attackers entered.

Flores v. Dearborne Mgmt., Inc.: NYLJ, 9/26/02, p. 19, col. 5 (App. Div.1 Dept.; Nardelli, JP, Saxe, Buckley, Ellerin, Marlow, JJ)

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