Landowners have a common-law duty to protect those who are lawfully on their premises from foreseeable criminal acts committed by third parties. Scurry v. New York City Hous. Auth., 193 A.D.3d 1, 5 (2d Dep’t 2021). This extends to tenants and their guests. Brathwaite v. New York City Hous. Auth., 92 A.D.3d 821, 823 (2d Dep’t 2012). Landowners only have to take minimal security measures from these reasonably foreseeable criminal acts. Maheshwari v. City of New York, 810 N.E.2d 894, 897 (2004). The landowner’s duty to protect from criminal acts does not make them insurers of the safety of those on their premises. Venetal v. City of New York, 21 A.D.3d 1087, 1088 (2d Dep’t 2005).

The scope of a landowner’s duty of reasonable care to maintain its premises in a safe condition for lawful guests arises from past criminal experiences and likelihood of the criminal conduct endangering a visitor’s safety. Maheshwari, 810 N.E.2d at 897. Landowner liability is established if the owner was negligent in its duty to protect its guests. Scurry, 193 A.D.3d at 5. Foreseeability and notice are the two crucial elements in determining landowner negligence in safely maintaining its premises. The courts examine factors such as: (1) previous criminal conduct; (2) similarity to the occurrence at issue, and; (3) the proximity of previous crimes to the owner’s premises. Gentile v. Town & Vill. of Harrison, 137 A.D.3d 971, 972 (2d Dep’t 2016).

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