Landlord Not Liable for Attack in Lobby

September 30, 1993

LVT Number: 8208

Tenant sued landlord after he was attacked and stabbed in the building lobby. The unknown attackers had been hiding in the building's stairwell. The court refused to dismiss the case without a trial, and landlord appealed. The appeals court reversed and ruled for landlord. The front-door lock was broken, but there was no indication of prior criminal activities by outsiders in the building. So, there was no reason to conclude that any negligence by landlord had caused tenant's injury.

Tenant sued landlord after he was attacked and stabbed in the building lobby. The unknown attackers had been hiding in the building's stairwell. The court refused to dismiss the case without a trial, and landlord appealed. The appeals court reversed and ruled for landlord. The front-door lock was broken, but there was no indication of prior criminal activities by outsiders in the building. So, there was no reason to conclude that any negligence by landlord had caused tenant's injury.

Pena v. New York City Housing Authority: 600 NYS2d 681 (7/15/93) (App. Div. 1 Dept.; Murphy, PJ, Ross, Asch, Kassal, JJ)

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