Landlord Not Responsible for Shooting of Tenant Outside Building

LVT Number: 10683

Public housing tenant sued landlord for negligence after she was shot while sitting on a bench outside her building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court again ruled against tenant. The criminal act of the unknown attackers wasn't foreseeable, and no lack of security on landlord's part caused tenant's injury.

Public housing tenant sued landlord for negligence after she was shot while sitting on a bench outside her building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court again ruled against tenant. The criminal act of the unknown attackers wasn't foreseeable, and no lack of security on landlord's part caused tenant's injury.

McPherson v. NYC Housing Authority: NYLJ, p. 31, col. 5 (6/28/96) (App. Div. 2 Dept.; Bracken, JP, Thompson, Krausman, Goldstein, JJ)