The Plaintiff was a tenant of the building owned by the GMR represented Defendant. The Plaintiff had been involved in numerous disputes with multiple other tenants of the property. However, Plaintiff alleged that at various times other tenants and their friends assaulted and harassed Plaintiff and his guests resulting in a breach of the covenant of quiet enjoyment as well as physical injuries. Plaintiff’s critical theory of liability was that by not attempting to intervene and control or disclaim the actions of the other tenants, Defendant authorized or acquiesced to their behavior.
Eamon Merrigan filed a motion for summary judgment arguing that an owner of leased premises exercises no control over the acts of tenants and cannot authorize the creation or continuance of a nuisance by the tenants. Eamon also argued that absent an agency or employer-employee relationship between the Defendant and the other tenants, Defendant could be held vicariously liable for the tenants’ actions. Finally, Eamon contended that one generally cannot be held liable for the intentional torts of another.
Ultimately, the Court agreed with Eamon and dismissed the Plaintiff’s claims against the Defendant with prejudice.