Child Assaulted in Vestibule

Facts: Some children living in landlord's housing complex were chased by a gang and ran into the building. The inner vestibule door closed before one child, a nontenant, could get in, and he was assaulted in the vestibule. He sued landlord and its security company, claiming negligence. The security guard was away from his desk in the building lobby at the time of the assault. Landlord and the security company asked the court to dismiss the case without a trial. The court ruled against them, and they appealed. Court: Landlord and security company win. The security contract required guards to maintain their lobby posts and at times patrol the grounds. The guard was patrolling at the time of the assault and so wasn't negligent in performing its duties. Landlord provided 24-hour security, and the doors, locks, intercom systems, and video cameras all worked. There was no breach of security. And there was no showing that neighborhood crime had increased in the housing complex in such a way that increased security was needed.

James v. Jamie Towers Hous. Co.: NYLJ, 5/30/02, p. 19, col. 4 (App. Div.1 Dept.; Mazzarelli, JP, Sullivan, Wallach, Rubin, Friedman, JJ)