Tenant's Cousin Shot Outside Building

Facts: Tenant's cousin sued landlord for negligence after being shot outside the building. Cousin argued that he was shot by a gunman who was involved in illegal drug activities at the building. Cousin claimed that the gunman came out of the building and fired at other people, wounding him. Cousin also claimed that landlord knew of the drug activity in the building and surrounding area. Landlord asked the court to dismiss the case, arguing that it wasn't responsible for the criminal acts of another person. Landlord also claimed that it couldn't be responsible for pedestrians who walk by its building. The court refused to dismiss the case, and landlord appealed. Court: Landlord loses, and the case will go to trial. The gunman had been regularly seen around the building dealing drugs. Also, landlord knew about the drug dealing, and took no action to stop it. Moreover, cousin was no ordinary pedestrian: He was returning to the building after tenant had sent him to the store. And, even though cousin wasn't shot on landlord's property, the gunman came out of landlord's building.

Rodriguez v. Oak Point Management Inc.: NYLJ, p. 25, col. 3 (11/23/94) (App. Div. 1 Dept.; Carro, Williams, Tom, JJ)