Landlord Liable for Attack on Superintendent

Facts: Landlord's building superintendent became aware of illegal drug activity in the building, particularly in two apartments. The super repeatedly informed landlord of these conditions. He pointed out that the security system often didn't work and that those involved in the drug activity frequently broke off locks on the doors. Police raided one of the apartments after the super called about drug activity. After the super boarded up the apartment, he was attacked in the building. When he got out of the hospital, the super found that the apartment had been reopened by people using it to sell drugs. The super later reported drug activity in another apartment and was again attacked. Landlord continued to do nothing. The super, who lived in the building, sued landlord for not taking minimal security precautions. A jury awarded the super over $500,000 in damages, but the court set aside the jury's decision. The super appealed. Court: The super wins. The jury found that the two attacks were related to illegal activity in the apartments. Landlord's managing agent was negligent for not evicting the apartment occupants. The vestibule door lock was also broken when the attacks took place. Landlord had ample notice of the continuously broken lock and more than enough time to fix it. The jury's decision was supported by proof, and the appeals court reinstated the damages award.

Beatty v. The National Association for the Advancement of Colored People: NYLJ, p. 24, col. 2 (6/10/93) (App. Div. 1 Dept.; Carro, JP, Rosenberger, Ellerin, Wallach, Rubin, JJ)