Nathan Braitman and Olga Braitman, Plaintiffs-Respondents v. Overlook Terrace Corp., Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the lower courts, holding that a residential landlord may be liable for a tenant's loss from theft when the landlord, having notice of a defective lock, fails to provide adequate security, thereby unreasonably enhancing the risk of a foreseeable criminal intrusion. The Court relied on statutory regulations, the Restatement (Second) of Torts, and emerging case law to affirm the negligence-based duty.