Landlord Not Liable for Attack by Tenant's Boyfriend

January 1, 1996

LVT Number: 10255

Tenant sued landlord for negligence, claiming that landlord was responsible for attack by tenant's boyfriend. The boyfriend kicked in tenant's apartment door and attacked her with a knife. Landlord asked the court to dismiss the case without trial. The court ruled against landlord, and landlord appealed. The appeals court reversed and dismissed the case. Tenant claimed that the outer building door was unlocked. But tenant offered no proof that her boyfriend took advantage of the unlocked doors to enter the building. So there was no factual issue requiring a trial.

Tenant sued landlord for negligence, claiming that landlord was responsible for attack by tenant's boyfriend. The boyfriend kicked in tenant's apartment door and attacked her with a knife. Landlord asked the court to dismiss the case without trial. The court ruled against landlord, and landlord appealed. The appeals court reversed and dismissed the case. Tenant claimed that the outer building door was unlocked. But tenant offered no proof that her boyfriend took advantage of the unlocked doors to enter the building. So there was no factual issue requiring a trial. Also, tenant admitted that she was able to lock her apartment door but claimed that the door didn't lock properly because the door was loose fitting. But tenant's mere claim that the door was easy to kick in wasn't sufficient to raise the issue of landlord's liability.

Perry v. NYC Housing Authority: NYLJ, p. 29, col. 1 (12/27/95) (App. Div. 2 Dept.; Balletta, JP, Rosenblatt, Pizzuto, Joy, Altman, JJ)

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