Landlord Didn't Monitor Elevator Security Cameras

December 1, 2008

LVT Number: #20860

Tenant sued landlord for negligence after her minor child was sexually assaulted in the building elevator. Tenant claimed that landlord breached its duty to maintain and monitor security cameras in the elevator where her child was attacked. Tenant claimed that building employees, including the super, told her before the attack that the elevator was equipped with a security camera that was constantly monitored on site and that she need not worry about her daughter’s safety when she was in the building. Landlord asked the court to dismiss the case without a trial.

Tenant sued landlord for negligence after her minor child was sexually assaulted in the building elevator. Tenant claimed that landlord breached its duty to maintain and monitor security cameras in the elevator where her child was attacked. Tenant claimed that building employees, including the super, told her before the attack that the elevator was equipped with a security camera that was constantly monitored on site and that she need not worry about her daughter’s safety when she was in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord submitted no proof to dismiss this claim as a matter of law. There were questions of fact concerning landlord’s liability that required a trial.

Ruth B. v. Whitehall Apartment Co.: NYLJ, 11/10/08, p. 25, col. 5 (App. Div. 1 Dept.; Gonzalez, JP, McGuire, Moskowitz, DeGrasse, Freedman, JJ)

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