Brick Thrown from Landlord's Property

LVT Number: 10990

A neighbor sued landlord for negligence. The neighbor's backyard faced landlord's six-story building. A teenager threw a brick from the rooftop playground of landlord's building and hit the neighbor on the head. The court ruled against the neighbor without a trial, and the neighbor appealed. The neighbor claimed that she and other neighbors had complained to landlord for several years about people throwing things from the roof and that landlord had done nothing to correct the situation. The appeals court reversed and reopened the case.

A neighbor sued landlord for negligence. The neighbor's backyard faced landlord's six-story building. A teenager threw a brick from the rooftop playground of landlord's building and hit the neighbor on the head. The court ruled against the neighbor without a trial, and the neighbor appealed. The neighbor claimed that she and other neighbors had complained to landlord for several years about people throwing things from the roof and that landlord had done nothing to correct the situation. The appeals court reversed and reopened the case. A trial was needed to determine whether landlord violated a duty to take reasonable care to maintain the property in a safe condition.

Murphy v. Turian House, Inc.: NYLJ, p. 32, col. 5 (10/28/96) (App. Div. 2 Dept.; O'Brien, JP, Thompson, Joy, Goldstein, JJ)