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.