Landlord Not Responsible for Attack in Tenant's Apartment

July 14, 2014

LVT Number: #25610

Tenant sued landlord for negligence after she was attacked in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no proof that the attack was foreseeable. Tenant had previously invited the attacker into her apartment. That day, the attacker stole tenant's electronic access key. Although tenant was aware that the key was missing for about a week, she never reported it to building management and didn't ask that the key be deactivated. 

Tenant sued landlord for negligence after she was attacked in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no proof that the attack was foreseeable. Tenant had previously invited the attacker into her apartment. That day, the attacker stole tenant's electronic access key. Although tenant was aware that the key was missing for about a week, she never reported it to building management and didn't ask that the key be deactivated. 

Fischer v. River Place I LLC: 2014 NY Slip Op 04127, 2014 WL 2590392 (App. Div. 1 Dept.; 6/10/14; Gonzalez, PJ, Sweeny, Moskowitz, Freedman, Kapnick, JJ)

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