Landlord Not Liable for Attack on Tenant

May 31, 1997

LVT Number: 11504

Tenant sued landlord for negligence after she was attacked in her apartment. Tenant claimed the attackers got into the building via a broken front-door lock and that there had been other burglaries in the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. There was no proof of any notice to landlord of prior criminal activity in the building. And there was no proof that a functioning lock would have prevented the assault on tenant.

Tenant sued landlord for negligence after she was attacked in her apartment. Tenant claimed the attackers got into the building via a broken front-door lock and that there had been other burglaries in the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. There was no proof of any notice to landlord of prior criminal activity in the building. And there was no proof that a functioning lock would have prevented the assault on tenant.

Davis v. Jo-ern Realty Corp.: NYLJ, p. 27, col. 6 (5/23/97) (App. Div. 2 Dept.; Bracken, JP, Copertino, Santucci, Altman, JJ)

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