Molina v. Appula Mgt. Corp.

Summary

The Appellate Division, First Department reversed orders denying defendants' motions for summary judgment in consolidated actions arising from a tenant's intentional gasoline fire in a residential building. The court held that defendants lacked the authority, ability, and opportunity to control the tenant's conduct and therefore had no duty to prevent the fire, while declining to address separate issues concerning premises maintenance and dismissing one appeal as academic.

Holdings

1. When the alleged assailant is a tenant lawfully permitted to be in the building, the applicable duty inquiry is whether the defendants had the authority, ability, and opportunity to control the tenant's actions; the negligent-security minimal-precaution standard for third-party nontenant assailants does not apply.
2. Defendants were entitled to summary judgment because plaintiffs failed to establish that defendants had the legal authority or ability to prevent the tenant from starting the fire.
3. The court did not reach that issue because defendants did not challenge the motion courts' findings that factual issues existed concerning the premises' maintenance.
4. The appeal was dismissed as academic because the parties had filed a stipulation of discontinuance.

Questions Presented

1. Whether building owners and managers owed plaintiffs a duty to prevent a lawful tenant from deliberately setting a fire when defendants allegedly knew of the tenant's threats and possession of gasoline.
2. Whether defendants had the authority, ability, and opportunity under the lease or New York law to control or evict the tenant before the fire.
3. Whether the appeal concerning the discontinued action was academic.

Disposition

reversed