Tenant Claims Landlord Responsible for Assault by Doorman

Tenant sued landlord and its building doorman, claiming assault and battery after two alleged incidents. Tenant said that, while he filmed the doorman on his phone, the doorman took a metal instrument out of his drawer, approached the tenant, and appeared to stop him from going to the elevator. In a second incident, tenant said the doorman threw a package at tenant, hitting him in the back. Tenant claimed that landlord was responsible for the doorman's conduct. He also claimed harassment as well as negligent hiring and retention of the employee. Landlord asked the court to dismiss tenant's claims against the owner entity.

The court ruled for landlord in part, finding that landlord didn't commit assault and battery against tenant. The court also dismissed the negligent hiring claim since there was no proof that landlord violated any duty in hiring the doorman, which was done at least 20 years earlier. But tenant could pursue the negligent retention claim. And the court found that it had jurisdiction to consider tenant's harassment claim since it was a Housing Maintenance Code violation claim. 

Rosen v. MHM Realty LLC: Index No. 160724/15, 2022 NY Slip Op 30854(U), NYLJ No. 1650346338 (Sup. Ct. NY; 3/14/22; Goetz, J)