Landlord Not Responsible for Shooting of Two Tenants in Vestibule

June 17, 2016

LVT Number: #27022

Tenant and the family of another tenant sued landlord for negligence after they were shot in the building’s public vestibule. One of the tenants died. Landlord asked the court to dismiss the case without a trial, claiming that it had no duty to protect tenants. The court ruled against landlord, who appealed and won. There was no issue of fact as to whether the shootings were foreseeable and landlord’s reduction of security officers at the building wasn’t the cause of residents’ injuries.

Tenant and the family of another tenant sued landlord for negligence after they were shot in the building’s public vestibule. One of the tenants died. Landlord asked the court to dismiss the case without a trial, claiming that it had no duty to protect tenants. The court ruled against landlord, who appealed and won. There was no issue of fact as to whether the shootings were foreseeable and landlord’s reduction of security officers at the building wasn’t the cause of residents’ injuries. There were 200 buildings in the complex and 24 reports of gunshots fired at the complex. This didn’t raise an issue as to whether the shootings were foreseeable. None of the reported shootings occurred in the vicinity of tenants’ building. Tenants also were specifically targeted by the shooters.

 

 

 

 

Wong v. Riverbay Corporation: 2016 NY Slip Op 03585, 2016 WL 2353696 (App. Div. 1 Dept.; 5/5/16; Sweeny, JP, Acosta, Manzanet-Daniels, Gische, Gesmer, JJ)

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