Health Care Attendant Assaulted in Elevator

Tenant's home health care attendant was attacked in the building's elevator on her way to tenant's apartment. She sued landlord for negligence, claiming that there were no locks or intercoms at the building's front door and that this permitted the attacker to get into the building. Landlord claimed there was no proof that the attacker was an intruder instead of a tenant or building guest and asked the court to dismiss the case without a trial. The court ruled for landlord, and the health care attendant appealed. The appeals court reopened the case. A number of people entered the elevator with the health care attendant and her attacker at 1:00 p.m. No one seemed to know the attacker, who waited until everyone else had gotten off the elevator and then attacked the victim. So it was more likely than not that the attacker was an intruder, and a trial was needed to determine the facts.

Perez v. NYCHA: NYLJ, p. 26, col. 1 (12/13/99) (App. Div.1 Dept.; Ellerin, PJ, Rosenberger, Tom, Andrias, Buckley, JJ)