Managing Agent Not Responsible for Apartment Burglary

January 1, 2010

LVT Number: #22358

Tenant sued landlord's managing agent in small claims court for the value of items stolen from his apartment during a burglary. Tenant claimed that managing agent failed to repair a window in his apartment, allowing the burglar to get in. The court ruled against tenant after a trial. Tenant appealed and lost. Even if the window needed repair and the defective condition was the cause of the burglary, tenant didn't prove that the managing agent had control of the building that would give rise to liability.

Tenant sued landlord's managing agent in small claims court for the value of items stolen from his apartment during a burglary. Tenant claimed that managing agent failed to repair a window in his apartment, allowing the burglar to get in. The court ruled against tenant after a trial. Tenant appealed and lost. Even if the window needed repair and the defective condition was the cause of the burglary, tenant didn't prove that the managing agent had control of the building that would give rise to liability.

Cisse v. Progressive Mgmt. of NY Corp.: NYLJ, 12/4/09, p. 34, col. 6 (App. T. 2 Dept.; Molia, JP, LaCava, Iannacci, JJ)

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