Luis Nunez was staying at a friend's apartment when the building's superintendent, Eudy Novas, allegedly knocked on the apartment door and sought entry for the purpose of delivering mail. When Nunez opened the door, Novas and three other men entered the unit and attacked the occupant with "dangerous instruments." The super is reported to have witnessed the attack for about five minutes and then left as the onslaught progressed.
Nunez later filed a lawsuit in the Bronx County Supreme Court as against Novas, the building's owner, and, the managing agent, alleging negligence, negligent hiring and supervision of the super, and, assault (directed by the super within the scope of his employment).
The Bronx County Supreme Court dismissed the case finding no basis for liability. On appeal, the Appellate Division concluded there was a "question of fact"--an issue requiring a formal hearing or trial--as to whether Novas "facilitated the assault, negligently or intentionally," and reinstated the claims as against the super. The owner and managing agent, on the other hand, were relieved of liability and excused from the lawsuit due to the lack of any "evidence that they knew anything about Novas, or the history of criminal activity in the building, that would have made his alleged conduct or this planned attack foreseeable."
Bet the landlord and managing agent thought that was a super result.
For a copy of the Appellate Division's decision in Nunez v. Caryl & Broadway, Inc., please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_04931.htm
For a copy of the Bronx County Supreme Court's decision in this case, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2005/2005_51383.htm