Jammed Door Lock Not Cause of Tenant's Injury

May 31, 1998

LVT Number: 12360

Tenant sued landlord for negligence after he was shot by robbers in the building's vestibule. Tenant claimed that a malfunctioning door lock trapped him in the vestibule and caused his injuries. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord wasn't required to foresee that a jamming lock would trap tenant in the building's vestibule after he was robbed outside the building and shot shortly thereafter. The cause of tenant's injuries was the gunshot, not the jammed door lock.

Tenant sued landlord for negligence after he was shot by robbers in the building's vestibule. Tenant claimed that a malfunctioning door lock trapped him in the vestibule and caused his injuries. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord wasn't required to foresee that a jamming lock would trap tenant in the building's vestibule after he was robbed outside the building and shot shortly thereafter. The cause of tenant's injuries was the gunshot, not the jammed door lock.

Cook v. NYCHA: 670 NYS2d 51 (1998) (App. Div. 2 Dept.; Miller, JP, Altman, Krausman, Luciano, JJ)

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