Tenant's Boyfriend Shot at Entrance to Building

September 30, 1994

LVT Number: 9128

Tenant's boyfriend sued landlord after being shot by an unknown assailant outside tenant's building. Tenant's boyfriend claimed that landlord was negligent in not taking precautions to protect him because the building complex was known as a ''war zone.'' Landlord asked the court to dismiss the case, arguing that it wasn't responsible for safeguarding visitors, and that tenant's boyfriend might have been shot as a result of his confessed drug-dealing debts. The court agreed with landlord and dismissed the case.

Tenant's boyfriend sued landlord after being shot by an unknown assailant outside tenant's building. Tenant's boyfriend claimed that landlord was negligent in not taking precautions to protect him because the building complex was known as a ''war zone.'' Landlord asked the court to dismiss the case, arguing that it wasn't responsible for safeguarding visitors, and that tenant's boyfriend might have been shot as a result of his confessed drug-dealing debts. The court agreed with landlord and dismissed the case. Landlord's only duty is to protect against the reasonably foreseeable acts of others. In this case, the boyfriend was most likely injured because of his own criminal activities.

Curry v. Baisley Park Associates: NYLJ, p. 27, col. 3 (9/22/94) (Sup. Ct. NY; Miller, J)

Topics

More like this