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.

Share

COinS