Landlord Not Responsible for Subtenant's Attack on Other Tenant

Co-op building resident sued landlord cooperative corporation, the owner of another apartment in the building, and that owner's subtenant after the subtenant stabbed her in the building. The co-op corporation claimed that it wasn't responsible for the attack and asked the court to dismiss any claim against the building without a trial. The court ruled for the co-op corporation. There were no special circumstances that created a duty by the co-op corporation to control subtenant's behavior. The co-op wasn't aware of subtenant's violent tendencies or threats. Once alerted, the co-op corporation did send two letters to the apartment owner threatening cancellation of his proprietary lease and commencement of an eviction proceeding. The co-op corporation acted properly and in accordance with its bylaws, and otherwise had no control over subtenant's conduct.

Padula v. Kensington Gardens Apt. Corp.: NYLJ, 5/4/09, p. 20, col. 3 (Sup. Ct. Richmond; McMahon, J)