Landlord NYCHA Not Responsible for Attack on Visiting Nurse
LVT Number: #30034
A visiting nurse sued landlord NYCHA after she was injured during an assault while visiting her patient tenant in the building. The nurse claimed that NYCHA didn't provide adequate security. The court denied NYCHA's request to dismiss the case. NYCHA appealed and won. The appeals court found that the nurse's inability to identify her attacker as an intruder, as opposed to a tenant or invitee lawfully in the building, was sufficient to require dismissal of the claim against NYCHA.
Laniox v. City of New York: Index No. 7996-306867/2011, 2019 NY Slip Op 02026 (App. Div. 1 Dept.; 3/19/19; Friedman, JP, RIchter, Gesmer [dissenting], Kern [dissenting], Moulton, JJ)