Are NY Landlords Liable When A Tenant Assaults Another Tenant?
No. The plaintiff sued his landlord for damages for injuries stemming from an assault by another tenant. He alleged that the landlord was negligent for failing to keep the premises free from known dangerous conditions. He appealed from the grant of summary judgment to the landlord by Erie County Supreme Court. The New York State Supreme Court, Appellate Division, Fourth Judicial Department held that a landlord’s culpability for a tenant’s injuries resulting from a criminal attack in the building can be established only if the assailant gained access to the premises through a negligently maintained entrance. Since a fully secured entrance would not keep out another tenant, the injured tenant can recover only if the assailant was an intruder. Contact New York premises liability attorneys Friedman & Ranzenhofer, PC at (716) 631-9999 for a free case evaluation if you are injured due to your landlord’s negligence.