In Cortez v. Delmar Realty Co. , tenant Juan Cortez was assaulted by an illegal subtenant -- who was suspected of dealing drugs and evicted for not paying the rent.
Cortez's wife sued the building's landlord, Delmar Realty Co., claiming the latter's failure to provide adequate security led to her husband's injuries. She also argued the owner's omissions violated state law -- Real Property Law section 231(2) -- because Delmar knowingly allowed drug activity to take place in the building.
When the Bronx County Supreme Court dismissed Cortez's case, an appeal to the Appellate Division, First Department, followed.
Since Delmar wasn't on notice of repeated criminal acitivity nor had a reasonable opportunity to address the conduct, the AD1 was of the view there was no duty owed or breached. (Interestingly, the AD1 didn't think Cortez's injuries were foreseeable or triggered by the owner's failure to remove the alleged drug dealers from the building.)
This Cortez could neither command nor conquer.
To download a copy of the Appellate Division's decision, please use this link: Cortez v. Delmar Realty Co.