The IAS Court properly dismissed the complaint of a tenant who sued the defendant SRO hotel and its partners to recover damages for injuries incurred when he was assaulted in the lobby by two other tenants. Plaintiff failed to establish that the landlord had the ability or a reasonable opportunity to control the aggressors and that the harm complained of was foreseeable (see, Firpi v New York City Hous. Auth.,
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SIMMS v. ST. NICHOLAS AVE. HOTEL CO.
187 A.D.2d 373 (1992)
Sidney Simms, Appellant, v. St. Nicholas Ave. Hotel Company et al., Respondents, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 19, 1992
November 19, 1992
Appellate Division of the Supreme Court of the State of New York, First Department.
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