Tenant Shot by Bullet Fired Through Apartment Window

July 31, 1996

LVT Number: 10767

Public housing tenant sued landlord NYCHA for negligence after being seriously injured by a bullet fired through his apartment window. The bullet was fired from a city-owned lot adjacent to the building property and may have been intended for the apartment next door, where drug traffic occurred. Tenant claimed that landlord had negligently permitted illegal activities to occur in the vacant lot and in the apartment next door. Tenant also said that tenants had complained to landlord about these conditions.

Public housing tenant sued landlord NYCHA for negligence after being seriously injured by a bullet fired through his apartment window. The bullet was fired from a city-owned lot adjacent to the building property and may have been intended for the apartment next door, where drug traffic occurred. Tenant claimed that landlord had negligently permitted illegal activities to occur in the vacant lot and in the apartment next door. Tenant also said that tenants had complained to landlord about these conditions. Landlord asked the court to dismiss the case, claiming it wasn't responsible for the random shot. The court ruled against landlord. A trial was needed. Landlord may be liable if it had reason to believe that drug-related crime in the lot could endanger tenants inside the building and landlord hadn't taken reasonable precautions to prevent it.

Martinez v. NYCHA: NYLJ, p. 26, col. 3 (7/2/96) (Sup. Ct. NY; Goodman, J)

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