Assault Victim Dragged into Landlord's Building

Crime victim sued landlord for negligence. While she was standing outside building, three armed men came out of the building, dragged her inside and up to the roof, and raped her. Victim claimed that landlord didn't properly secure the front door of the building. It was unlocked when the men dragged her inside. Landlord asked the court to dismiss the case without trial because victim was standing outside the building when she was first attacked. The trial court refused, and landlord appealed. The appeals court ruled for landlord. Even if the crime was foreseeable, landlord had no duty to protect victim because she wasn't a tenant and was standing outside the building when the attack occurred. Victim lived in another building a few blocks away, which was part of the same housing complex.

Audrey B. v. New York City Housing Authority: 609 NYS2d 87 (3/21/94) (App. Div. 2 Dept.; Thompson, JP, Rosenblatt, Ritter, Friedman, Krausman, JJ)