Cortez v. Delmar Realty Co.

Plaintiffs decedent, a tenant in defendants’ building, was assaulted by an illegal subtenant of the building who was suspected of dealing drugs and ultimately evicted for nonpayment of rent. Dismissal of the complaint alleging that defendants’ failure to provide proper security in the building proximately caused the decedent’s injuries was proper since “a landlord is under no duty to safeguard a tenant against attack by another tenant ‘since it cannot be said that the landlord had the ability or a reasonable opportunity to control [the assailant]’ ” (Wright v New York City Hous. Auth., 208…