Trial Required on Inadequate Security Claim

Tenant sued landlord for negligence after he was injured by a rock thrown from the building's rooftop by someone. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. Tenant submitted a sworn statement from a person who stated that he and another person entered the building through the front door, which had a broken lock. The two men went up to the roof, picked up a heavy, flat stone that had been propping open the roof door, and threw it over the roof to the ground. They ran away when they realized the stone had hit tenant. There was also a history of criminal activity at the building, including the throwing of garbage and glass from the roof. This raised a sufficient question as to whether landlord took adequate security measures in the building. A trial was needed to determine the facts.

DeLeon v. Glovebox Realty Corp.: NYLJ, p. 26, col. 5 (2/22/99) (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Andrias, Saxe, JJ)