Tenant Murdered by Other Tenant

June 30, 1998

LVT Number: 12442

Tenant's family sued landlord cooperative corporation for negligence after tenant was murdered by another building tenant. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord had no duty to protect tenant from other tenant's criminal acts and had no ability or authority to control other tenant. In addition, the murderer's conduct was unforeseeable.

Tenant's family sued landlord cooperative corporation for negligence after tenant was murdered by another building tenant. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord had no duty to protect tenant from other tenant's criminal acts and had no ability or authority to control other tenant. In addition, the murderer's conduct was unforeseeable.

Adelstein v. Waterview Towers: NYLJ, p. 31, col. 2 (6/1/98) (App. Div. 2 Dept.; Rosenblatt, JP, Sullivan, Joy, Altman, Luciano, JJ)

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