Coronado v. 3479 Associates LLC

128 A.D.3d 496, 9 N.Y.S.3d 240

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 14, 2015
• Docket: 15106 300748/11
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered November 29, 2013, which, insofar as appealed from as limited by the briefs, granted the motion of defendant 3479 Associates LLC for summary judgment dismissing plaintiffs claims for negligent retention and supervision, unanimously affirmed, without costs.

The court properly dismissed plaintiffs claims that defendant was negligent in retaining and supervising defendant Raul A. Jovel, the superintendent of defendant’s apartment building, who allegedly assaulted plaintiff tenant. Plaintiffs prior complaints that Jovel had used hostile language in aggressively rebuffing plaintiffs request to fix the heating did not establish that defendant knew or should have known of Jovel’s “propensity for the sort of conduct which caused the injury” (Sheila C. v Povich, 11 AD3d 120, 130 [1st Dept 2004]; see Nouel v 325 Wadsworth Realty LLC, 112 AD3d 493 [1st Dept 2013], lv denied 23 NY3d 904 [2014]). Plaintiffs reliance on his testimony that Jovel had previously brandished a large, metal keychain in a threatening manner, and that Jovel struck plaintiffs nose with the keychain during the subject incident, is unavailing in the absence of any evidence that defendant knew or should have known of Jovel’s alleged prior conduct. Concur — Friedman, J.P., Saxe, Richter and Manzanet-Daniels, JJ.