Landlord Responsible for Doorman's Negligence

Tenant sued landlord for negligence after she was assaulted in her building. When tenant came home at 2:30 a.m., the doorman told her he'd let two friends of hers go upstairs. The two men came back to the lobby and demanded money from tenant. She didn't know them. Tenant took one of the men upstairs with her and told the doorman not to let the other one come upstairs. The second man came upstairs, and both men assaulted tenant. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the doorman's actions and that tenant was responsible for her injuries. The court ruled against landlord, finding that the landlord could be responsible for the doorman's negligence. There were questions of fact that needed to be resolved at a trial, including whether the doorman acted reasonably and whether tenant's conduct contributed to her assault.

Flores v. Pan Am Equities: NYLJ, p. 21, col. 2 (7/31/98) (Sup. Ct. NY; Miller, J)