Intruder Entered Apartment Through Open Terrace Window

June 30, 1993

LVT Number: 7093

Tenant sued landlord for negligence. Tenant was injured when an intruder entered the apartment's terrace window on a summer night. The apartment was on the top floor and the window was partially open. Landlord asked the court to dismiss the case without a trial. The court refused, and landlord appealed. The appeals court ruled that a trial was needed and sent the case back. A jury should decide if tenant caused her own injury by leaving the terrace window open, or if landlord was negligent in not providing enough security.

Tenant sued landlord for negligence. Tenant was injured when an intruder entered the apartment's terrace window on a summer night. The apartment was on the top floor and the window was partially open. Landlord asked the court to dismiss the case without a trial. The court refused, and landlord appealed. The appeals court ruled that a trial was needed and sent the case back. A jury should decide if tenant caused her own injury by leaving the terrace window open, or if landlord was negligent in not providing enough security.

Allen v. New York City Housing Authority: NYLJ, p. 25, col. 6 (6/21/93) (App. Div. 1 Dept.; Murphy, PJ, Carro, Wallach, Kassal, Nardelli, JJ)

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