Hierro v. New York City Housing Authority

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered November 14, 2013, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

A landlord has a common-law duty to take minimal precautions to protect tenants from a third party’s foreseeable criminal conduct (Burgos v Aqueduct Realty Corp., 92 NY2d 544, 548 [1998]). In order to recover damages, a tenant must establish that the landlord’s negligent conduct was a proximate cause of the…