Landlord Not Liable for Attack Outside Building

LVT Number: 10764

Tenant's son, who was visiting tenant, sued landlord for negligence after being attacked outside the building complex. The son left his girlfriend sitting on a bench outside the building. Before he entered the building, someone tried to steal her purse. The son chased the assailant, who drove off and then returned to the front of the building and shot the son in the stomach. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Landlord neither knew or had reason to know from past criminal activity that more security was needed.

Tenant's son, who was visiting tenant, sued landlord for negligence after being attacked outside the building complex. The son left his girlfriend sitting on a bench outside the building. Before he entered the building, someone tried to steal her purse. The son chased the assailant, who drove off and then returned to the front of the building and shot the son in the stomach. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Landlord neither knew or had reason to know from past criminal activity that more security was needed. Tenant's son submitted no proof of a supposed high volume of crime at the building complex.

Rivera v. New Haven Plaza Assocs.: NYLJ, p. 25, col. 2 (7/17/96) (Sup. Ct. Queens; Kitzes, J)