Is Landlord Liable for Attack on Tenant in Gated Alleyway?

Tenant sued landlord after she was assaulted in a gated alleyway by her apartment building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. The gated alleyway wasn't a public area over which landlord would have no duty to maintain minimal security precautions. There were genuine issues of material fact as to whether the assault on tenant was foreseeable, whether the gate to the alleyway was maintained in a closed and locked condition, and whether there was sufficient lighting in the alleyway. Among other things, there was proof of previous criminal activity in or at the building. These issues required a trial to determine the facts and whether landlord was responsible for the attack. 

Sanchez v. Morris Ave. Equities Corp.: 2018 NY Slip Op 07071 (App. Div. 1 Dept.; 10/23/18; Sweeny, JP Gische, Tom, Mazzarelli, Kern, JJ)