Burgos v. Aqueduct Realty Corp. et. al

In Burgos v. Aqueduct Realty Corp. et. al. (92 N.Y.2d 544 [1998]), the New York Court of Appeals stated that, "landlords have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including a third party's foreseeable criminal conduct." It continued: "in premises security cases particularly, the necessary causal link between a landlord's culpable failure to provide adequate security and a tenant's injuries resulting from a criminal attack in the building can be established only if the assailant gained access to the premises through a negligently maintained entrance. Since even a fully secured entrance would not keep out another tenant, or someone allowed into the building by another tenant, plaintiff can recover only if the assailant was an intruder" (Id, at 550-551). In Burgos, the Court of Appeals held that a landlord has a (limited) duty to protect tenants from intruders. The Court of Appeals did not hold that a landlord might prevent a tenant from escaping an assailant.