Landlord Didn't Lock Vacant Apartment

April 30, 1999

LVT Number: 13190

Tenant's guest sued landlord after another tenant dragged her into a vacant apartment in the building and attacked her. Landlord claimed he hadn't caused the guest's injuries and asked the court to dismiss the case. The court ruled for landlord, and the guest appealed. The appeals court ruled for the guest and sent the case back to the lower court for a trial. Leaving the vacant apartment unlocked raised issues as to whether the attack on tenant's guest was foreseeable and whether the unlocked apartment was the cause. A trial was needed to determine the facts.

Tenant's guest sued landlord after another tenant dragged her into a vacant apartment in the building and attacked her. Landlord claimed he hadn't caused the guest's injuries and asked the court to dismiss the case. The court ruled for landlord, and the guest appealed. The appeals court ruled for the guest and sent the case back to the lower court for a trial. Leaving the vacant apartment unlocked raised issues as to whether the attack on tenant's guest was foreseeable and whether the unlocked apartment was the cause. A trial was needed to determine the facts.

Gibbs v. Diamond: 682 NYS2d 181 (12/29/98) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Rubin, Tom, Saxe, JJ)

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