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Home  >  Our Successes  >  First Department Unanimously Finds Storage Facility Not Liable to Police Officer

Case: Police Officer Suit against a Storage Facility for Injuries Sustained on the Job

Counsel: Alice Spitz; Murad (Mordy) Sardar

Result: Case Dismissed

Police Officer was injured while attempting to handcuff a tenant who refused to leave his storage unit at closing time. The Plaintiff claimed that the storage facility was negligent in failing to evict the tenant based on his alleged psychological impairments.  Plaintiff also alleged a violation of the New York City Administrative Code claiming that backup officers were prevented from accessing the basement to assist, as the doors leading to and from the basement were allegedly wrongfully locked.

Summary Judgement denial from the lower court was unanimously reversed by the Appellate Division, First Department.  The Appellate Court held that the defense established that the storage facility had no duty to evict the tenant prior to the incident. There was no admissible evidence demonstrating that the tenant had a history of violence, and the Court affirmed that a landlord cannot be held responsible for assessing and determining the dangerous propensities of mentally ill tenants or for exercising control over them. The Court also found that the doors did not violate any applicable code. No Duty and No Question of fact!

 Read the decision here.