Intruder Gained Access Through Fire Escape

May 31, 1993

LVT Number: 7005

Tenant sued landlord for negligence after being assaulted in her apartment. The intruder had gained access through the fire escape. Tenant claimed that the fire escape ladder hung too close to the ground, allowing easy access. The trial court and the appeals court ruled for landlord. There was no proof that landlord had notice of prior criminal activity at the building. So, tenant couldn't claim negligence.

Tenant sued landlord for negligence after being assaulted in her apartment. The intruder had gained access through the fire escape. Tenant claimed that the fire escape ladder hung too close to the ground, allowing easy access. The trial court and the appeals court ruled for landlord. There was no proof that landlord had notice of prior criminal activity at the building. So, tenant couldn't claim negligence.

Gleason v. 75-10 Boulevard Owners: NYLJ, p. 32, col. 4 (5/20/93) (App. Div. 2 Dept.; Bracken, JP, Rosenblatt, Pizzuto, Santucci, JJ)

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