Did Faulty Entry Door Locks Cause Attack in Building?

Tenant sued landlord for negligence after she was attacked in the building by an intruder. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. Landlord claimed that the locks on the building entrance doors were working on the date of the attack on tenant. But there was a question as to whether the attacker gained access through a side entrance. Other tenants submitted sworn statements that there was a recurring problem with the side door because it didn't close completely and that, on or about the date of the attack, the lock would spin so that any key would open it. Tenants also had written to landlord 18 months before the attack complaining about a break-in, intruders smoking marijuana on the roof and using the service elevator for drug drops, and that the building had become a target for people to easily enter and conduct illegal activities. The letter had asked that the entry door locks be replaced rather than waiting "for tragedy to strike."

Urich v. 765 Riverside LLC: 2015 NY Slip Op 00826, NYLJ No. 1202717072345 (App. Div. 1 Dept.; 2/3/15; Friedman, JP, Andrias, Saxe, Richter, Gische, JJ)