October 4, 2012

A landowner's liability for criminal conduct.



Practice point: Owners of residential developments have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including a third party's foreseeable criminal conduct.

Student note: There is foreseeable danger when past experience alerts the landlord to the likelihood of criminal conduct on the part of third persons

Case: Diaz v. Sea Gate Assn., Inc., NY Slip Op 06276 (2d Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Awarding possession of the marital residence.