Landlord Showed Front Door Lock Worked Properly on Day of Attack

April 1, 2002

LVT Number: 15709

Tenant sued landlord for negligence after someone attacked her in the building lobby. Tenant claimed that the attacker gained entry to the building because the front door lock was broken. Landlord showed that the door was self-locking and that the lock was working on the day before the attack. The court ruled against tenant and dismissed the case without a trial. Tenant appealed and lost. Tenant didn't prove that the lock was broken at the time of the attack. So tenant couldn't say that landlord was responsible for her injuries.

Tenant sued landlord for negligence after someone attacked her in the building lobby. Tenant claimed that the attacker gained entry to the building because the front door lock was broken. Landlord showed that the door was self-locking and that the lock was working on the day before the attack. The court ruled against tenant and dismissed the case without a trial. Tenant appealed and lost. Tenant didn't prove that the lock was broken at the time of the attack. So tenant couldn't say that landlord was responsible for her injuries.

Lester v. NYCHA: NYLJ, 3/27/02, p. 22, col. 6 (App. Div.2 Dept.; Krausman, JP, McGinity, Adams, Crane, JJ)

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