Guest Claims Attackers Entered Through Unlocked Front Door

Tenant's guest sued landlord for negligence after he was attacked in the building lobby while waiting for an elevator. The guest had entered through the unlocked lobby door. He didn't use the intercom because he knew from prior visits that it didn't work and that the door was unlocked. His attackers saw him through the window, entered the unlocked lobby, and hit him over the head from behind. They were never caught. Landlord claimed that it couldn't be responsible for the guest's injuries because the guest didn't know whether the attackers were intruders, tenants, or guests of tenants. The court ruled for landlord without a trial. The guest appealed and won. The guest had only to show that it was more likely than not that the attackers were intruders to get a trial. The guest's claims that the door had been unlocked for six months and that the intercom wasn't working, as well as proof of many prior robberies and attacks at the building, showed that there was a question requiring a trial.

Reynolds v. NYCHA: NYLJ, 4/17/00, p. 23, col. 3 (App. Div.1 Dept.; Rosenberger, JP, Mazzarelli, Ellerin, Friedman, JJ)