Landlord May Be Liable for Actions of Tenant

August 31, 1996

LVT Number: 10845

Tenants sued landlord for negligence based on the acts of another tenant. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenants appealed. The appeals court ruled for tenants and reopened some issues concerning landlord's negligence. Tenants claimed that other tenant repaired and spray-painted his car in the garage below tenants' apartment, creating toxic fumes. The other tenant also supposedly later assaulted complaining tenants. Tenants claimed that landlord assisted tenant in the car repair and was therefore negligent.

Tenants sued landlord for negligence based on the acts of another tenant. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenants appealed. The appeals court ruled for tenants and reopened some issues concerning landlord's negligence. Tenants claimed that other tenant repaired and spray-painted his car in the garage below tenants' apartment, creating toxic fumes. The other tenant also supposedly later assaulted complaining tenants. Tenants claimed that landlord assisted tenant in the car repair and was therefore negligent. Landlord simply denied that it had anything to do with the incident. This created an issue of fact requiring a trial.

Muhammad v. Bucknor: 644 NYS2d 244 (1996) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Ross, Nardelli, Tom, JJ)

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