Case Type
Other
Housing Type
Rent Stabilized
Court
State of New York Court of Appeals
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
36
Petitioner
Bryan Scurry
Respondent
New York City Housing Authority
Judge
Chief Judge Wilson. Judges Rivera, Garcia, Singas, Cannataro and Troutman. Judge Halligan took no part.
Decision/Order Date
2023-05-23
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Note: opinion combines cases numbers 36 and 37. In negligence cases involving criminal attacks on tenants, the landlord's duty to provide minimal security, including locking exterior doors, is upheld. The targeted nature of the attacks does not automatically sever the causal link between the landlord's negligence and the injuries sustained by the tenants. Landlords may still be held liable if minimal security measures could have deterred the assailants. Notice of a defective lock is not required to defeat summary judgment, and triable issues of fact regarding breach and proximate cause should advance to a jury trial.
Recommended Citation
"Scurry v. New York City Housing Authority" (2023). All Decisions. 1544.
https://ir.lawnet.fordham.edu/housing_court_all/1544
