Landlord Not Liable for Attack on Tenant's Visitor

November 1, 1995

LVT Number: 10100

Tenant's visitor sued landlord after she was attacked by an unidentified man in the building's elevator. She claimed landlord didn't provide adequate building security, especially because the locks on the building entrance door didn't work. Landlord asked the court to dismiss the case without trial. The court refused, and landlord appealed. The appeals court ruled for landlord and dismissed the case. The visitor showed no proof that the attacker was an intruder rather than a building tenant or guest.

Tenant's visitor sued landlord after she was attacked by an unidentified man in the building's elevator. She claimed landlord didn't provide adequate building security, especially because the locks on the building entrance door didn't work. Landlord asked the court to dismiss the case without trial. The court refused, and landlord appealed. The appeals court ruled for landlord and dismissed the case. The visitor showed no proof that the attacker was an intruder rather than a building tenant or guest. And landlord had no special relationship with visitor creating a specific duty to protect her.

Kaufman v. NYC Housing Authority: NYLJ, p. 25, col. 4 (10/17/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

Topics

More like this