Landlord Not Responsible for Murder by Contractor's Employee

Tenant's husband sued landlord and its contractor for wrongful death after tenant was murdered in the building. Tenant rented an apartment that she used as an office. Tenant was murdered by an illegal immigrant who had been renovating the apartment below tenant's. The murderer was now in prison. The husband claimed that landlord failed to provide adequate security or reasonable care in hiring a contractor, and that the contractor was negligent and violated federal immigration law. The court ruled against the husband. The murderer's actions fell outside the scope of his employment, and there had been nothing to indicate that he was dangerous. So the contractor wasn't responsible. Landlord also wasn't responsible because the worker had been hired to do renovations and didn't enter the building illegally.

Ostroy v. Six Square LLC: Index No. 114674/2008 (Sup. Ct. NY; 7/1/11; York, J) [16-pg. doc.]