Landlord Not Liable for Fatal Stabbing by Former Super

LVT Number: 17666

A man's family sued landlord after landlord's building super fatally stabbed the man at a grocery store located in landlord's building. Landlord claimed that it wasn't responsible for the super's act and asked the court to dismiss the case without a trial. The super worked for landlord at the time of the stabbing, but the stabbing didn't happen while the super was working. The court ruled for landlord. The super didn't stab the man while working, and there was no reason landlord knew or should have known that the super could do this.

A man's family sued landlord after landlord's building super fatally stabbed the man at a grocery store located in landlord's building. Landlord claimed that it wasn't responsible for the super's act and asked the court to dismiss the case without a trial. The super worked for landlord at the time of the stabbing, but the stabbing didn't happen while the super was working. The court ruled for landlord. The super didn't stab the man while working, and there was no reason landlord knew or should have known that the super could do this. He had worked for landlord for about a year when the stabbing occurred. Other building staff stated that he was a good worker, and there had been no complaints about him.

Robles v. GNF Properties Co., Inc.: NYLJ, 10/19/04, p. 19, col. 3 (Sup. Ct. Bronx; Renwick, J)