Allowed Intruder Into Apartment

Tenant sued landlord and the building's security provider after she was attacked in her apartment. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court found that there were questions of fact and reopened the case for a trial. Landlord then appealed. The state's highest court ruled against landlord. Tenant's boyfriend had telephoned her at 7:00 a.m. and said he'd be upstairs in five minutes. Tenant then opened the apartment door without looking through the peephole. An intruder forced his way in and raped tenant at knifepoint. The intruder was known to landlord, had committed other robberies and attacks in the building complex, and had relatives in the complex. His picture was on file with landlord's security company. Given the facts, there was a question concerning whether landlord provided proper security, and a trial was required. The fact that tenant opened the door without looking through the peephole didn't make her responsible for the crime.

Mason v. U.E.S.S. Leasing Corp.: NYLJ, 7/3/01, p. 20, col. 1 (Ct. App.; Kaye, CJ, Smith, Levine, Ciparick, Wesley, Rosenblatt, Graffeo, JJ)