Landlord Not Liable for Assault on Tenant

Tenant sued landlord and its security company for negligence after he was attacked while trying to enter the side door of his apartment building. Landlord claimed it wasn't responsible for tenant's injuries and asked the court to dismiss the case. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant saw the attackers trying to pry the side door open as he approached the building. Instead of walking around to the front door where the security guard was posted, he brushed passed the attackers and tried to go in the side door, where he was attacked. This was the cause of tenant's injuries, and in the circumstances he couldn't claim that landlord or the security company caused the attack

Jaramillo v. Jackson Assocs.: 686 NYS2d 783 (1999) (App. Div. 2 Dept.; Santucci, JP, Altman, Friedmann, McGinity, JJ)