Tenant Injured in Hallway Fight with Drug-Using Neighbor

December 1, 2009

LVT Number: #22287

Tenant sued landlord after she was injured during a dispute with a neighbor. Tenant had complained to landlord that her upstairs neighbor was smoking drugs in the hallway and in front of her ground-floor window. Then, one day, she tried to stop the neighbor’s son from selling drugs in the hallway. She said that the son slapped her, they got “entangled,” both fell, and that she suffered serious leg injuries requiring total knee replacement. Tenant claimed that landlord was responsible because it knew that the neighbor used the premises for illegal trade or business.

Tenant sued landlord after she was injured during a dispute with a neighbor. Tenant had complained to landlord that her upstairs neighbor was smoking drugs in the hallway and in front of her ground-floor window. Then, one day, she tried to stop the neighbor’s son from selling drugs in the hallway. She said that the son slapped her, they got “entangled,” both fell, and that she suffered serious leg injuries requiring total knee replacement. Tenant claimed that landlord was responsible because it knew that the neighbor used the premises for illegal trade or business. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. There was no evidence that landlord had any such knowledge. Tenant merely claimed that she informed landlord of drug use in common areas. Tenant also assumed the risk of an altercation when she opened her door to berate the neighbor’s son.

Reinert v. 291 Pleasant Avenue LLC: NYLJ, 11/6/09, p. 26, col. 3 (Civ. Ct. NY; Engoron, J)

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