Attacker Was Tenant

A 14-year-old tenant was sexually assaulted in the unlit elevator in her building and sued landlord for negligence. Tenant's attacker had been captured. Landlord asked the court to dismiss the case without a trial, claiming that the attacker was another tenant in the building and that it wasn't responsible for one tenant's attack on another. The court ruled against landlord. The issue wasn't whether the attacker was another tenant in the building, but whether landlord hadn't provided adequate security, which, in turn, was the cause of the attack. Tenant's father claimed the elevator light had been broken for a week and he'd complained about it. Tenant herself had hesitated to enter the unlit elevator and had been pulled in by her attacker. A trial was needed to determine the facts.

Jourdain v. 615 Ocean Ave. Realty Corp.: NYLJ, p. 31, col. 6 (2/22/99) (Sup. Ct. Kings; Rappaport, J)