Landlord Not Responsible for Attack on Tenant in Building

January 20, 2015

LVT Number: #25902

Tenant sued landlord for damages after she was attacked in her apartment building, claiming that landlord provided inadequate building security. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord could be responsible for the attack only if the attacker was an intruder. But there was no proof that the attackers were intruders rather than tenants or people who had been invited into the building. The case was dismissed.

Tenant sued landlord for damages after she was attacked in her apartment building, claiming that landlord provided inadequate building security. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord could be responsible for the attack only if the attacker was an intruder. But there was no proof that the attackers were intruders rather than tenants or people who had been invited into the building. The case was dismissed.

Hierro v. NYCHA: 2014 NY Slip Op 08734, 2014 WL 6978343 (App. Div. 1 Dept; 12/11/14; Mazzarelli, JP, Sweeny, Moskowitz, Richter, Feinman, JJ)

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