Visitor Shot by Tenant Outside Buildings

LVT Number: 9658

A city high school principal was shot and killed in an outdoor area of a housing project when he went there in search of a missing student. A tenant was convicted of the killing. The principal's widow then sued landlord NYCHA for damages. She claimed that landlord had a duty to protect a visitor from a tenant known to be engaged in criminal activity. Landlord asked the court to dismiss the case without trial. Landlord claimed that it wasn't responsible for crimes that occurred in outdoor areas of the housing project. Landlord also claimed that the killer wasn't actually a tenant.

A city high school principal was shot and killed in an outdoor area of a housing project when he went there in search of a missing student. A tenant was convicted of the killing. The principal's widow then sued landlord NYCHA for damages. She claimed that landlord had a duty to protect a visitor from a tenant known to be engaged in criminal activity. Landlord asked the court to dismiss the case without trial. Landlord claimed that it wasn't responsible for crimes that occurred in outdoor areas of the housing project. Landlord also claimed that the killer wasn't actually a tenant. His aunt was the tenant of record and the killer wasn't listed as an additional occupant on her income affidavit.

Daly v. City of New York: NYLJ, p. 31, col. 4 (4/4/95) (Sup. Ct. Kings; Jackson, J)