BM&S Senior Counsel Magdalena Perlman Secures Summary Judgment in Complex Assault Case Involving Homeless Shelter

Black Marjieh & Sanford LLP Senior Counsel Magdalena Perlman won a summary judgment in a challenging case involving an assault outside our client’s homeless shelter in Bronx County, New York.

The plaintiff sought damages for personal injuries sustained during a stabbing assault with a knife by a shelter resident. The shelter, which provides long-term housing and support services, moved to dismiss the complaint under CPLR 3211(a)(7), arguing that it owed no duty to the plaintiff, who was neither a resident nor a guest of the premises.

Relying on the plaintiff’s own deposition testimony and other documentary evidence, the shelter contended that the assault occurred on a public sidewalk, not on its property. The shelter argued that it did not owe a duty to protect the public or plaintiff’s safety. In response, the plaintiff argued that the shelter exercised control over the resident and was on notice of the resident’s violent character, tendencies, behavior and prior acts of violence.

The Court agreed with Magdalena’s arguments, finding that the shelter lacked authority to control or restrain the resident and had no duty to evict him, as eviction would not necessarily prevent harm and could even exacerbate public safety issues.

Further, the Court agreed that the shelter did not have a legal duty to protect the plaintiff from the individual’s criminal acts.

The Court ordered the dismissal of all claims and crossclaims against the shelter, emphasizing that extending liability to the shelter would effectively make it an insurer of public safety—a concept not supported by law or public policy.