Landlord Not Liable for Attack on Tenant in Building

February 1, 1998

LVT Number: 12076

Tenant sued landlord for negligence after she was attacked and robbed in her apartment. Tenant claimed that intruders were outside her apartment door when she opened it from the inside to leave, and that they got into the building because the front-door lock and the intercom system were broken---conditions the landlord knew about. Landlord claimed tenant hadn't proved that this was the cause of the attack and asked the court to dismiss the case. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord.

Tenant sued landlord for negligence after she was attacked and robbed in her apartment. Tenant claimed that intruders were outside her apartment door when she opened it from the inside to leave, and that they got into the building because the front-door lock and the intercom system were broken---conditions the landlord knew about. Landlord claimed tenant hadn't proved that this was the cause of the attack and asked the court to dismiss the case. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant didn't show that the building had a history of crime due to the broken locks, and she had no proof of whether attackers were actual intruders or had been invited into the building by another tenant. So tenant couldn't claim that landlord caused the attack. The case was dismissed.

Burgos v. Aqueduct Realty Corp.: NYLJ, p. 22, col. 2 (1/2/98) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Wallach, Nardelli, Mazzarelli, JJ)

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