Negligent Security

In Lawyer v. City of New York, 2019 NY Slip Op 07698 (App. Div. 1st Dept. Oct. 24, 2019), the court unanimously affirmed the dismissal of plaintiff’s premises liability (negligent security) case. The court stated the rule that “[a] landlord has a common-law duty to take minimal security precautions to protect tenants and members of…

Read More Negligent Security Case Dismissed; Court Cites Building Security Measures and Lack of Prior Incidents
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One type of personal injury (negligence) claim is the so-called “negligent security” claim – which is itself a type of “premises liability” claim. In this type of case, the plaintiff asserts that the property owner or landlord failed to take necessary precautions to prevent harm arising from the alleged failure to provide adequate security. (One…

Read More “Negligent Security” Premises Liability Claims in New York
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In Sanchez v. Morris Ave. Equities Corp., 2018 NY Slip Op 07071 (App. Div. 1st Dept. Oct. 23, 2018), a premises liability personal injury case, the court affirmed the denial of summary judgment to defendant. In this case, the plaintiff was assaulted in the gated alleyway leading to the boiler room and the superintendent’s apartment in…

Read More Defendant Denied Summary Judgment in Premises Liability Assault Case
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One type of “premises liability” case arises from injuries sustained on a landowner’s property as a result of a third-party’s acts, namely, criminal conduct. However, whether an injured plaintiff can recover depends on the third party’s status. As explained by the Appellate Division, First Department in Hierro v. New York City Housing Authority (decided December…

Read More No Landlord Liability Where On-Premises Assault Not Committed by “Intruders”
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Below is the complaint recently filed in the Supreme Court, New York County by Donald Goode against NYC hotspot S.O.B.’s (a/k/a Sounds of Brazil). Plaintiff alleges that he was shot in the leg by a patron while he was attending a concert and party at SOBs called “Mixtape Release SDMB NYC Edition” for rapper Fat Trel. He alleges (among other…

Read More Lawsuit Against SOB’s By Victim Shot During Fat Trel “Sex, Drugs, Money and Guns” Party
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One type of “premises liability” case is involves an allegation that the property owner has failed to provide adequate security, which leads to an on-premises assault. In one such case, Terrero v New York City Housing Authority, the Appellate Division, First Department affirmed the denial of summary judgment to the defendant. Plaintiff sued on behalf of her…

Read More Negligent Security Lawsuit Arising From Roof Sexual Assault Survives Summary Judgment
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