Landlord Not Responsible for Attack on Tenant's Visitor

Tenant's niece sued landlord NYCHA, claiming that she was injured in an attack in the building's elevator on her way to visit tenant at tenant's seventh-floor apartment. The niece lived in a different building in the same complex. Landlord claimed that the entrance door was in good working order on the day the niece was attacked and asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. The building super stated in pre-trial testimony that he received daily reports regarding the condition of the entry door and lock, which were inspected every morning. If a problem was noted, he issued a work ticket for the necessary repair. There was no report of any problem on the day in question, and no proof that the door lock was defective. The niece entered the building using her front door key. Landlord can't insure the safety of people who enter the building and the immediate cause of the niece's injuries was the criminal attack committed by two men who had entered the building and got into the elevator with her.

Batista v. City of New York: 2013 NY Slip Op 05502, 2013 WL 3880145 (App. Div. 1 Dept.; 7/30/13; Gonzalez, PJ, Tom, Sweeny, Renwick, Richter, JJ)