New Landlord Not Liable for Assault on Tenant

April 1, 2005

LVT Number: 17985

Tenant sued prior landlord and new landlord for negligence. She was assaulted in her apartment at 12:30 pm on Jan. 25, 2001, when she returned from grocery shopping. She said the rooftop door lock was broken and the outside building door lock didn't always work. New landlord asked the court to dismiss the case. It bought the building on the day of the assault. The closing started at 2 pm and didn't finish until 4 pm So, new landlord argued that it didn't own the building at the time of the assault. The court ruled for new landlord and dismissed the case against it.

Tenant sued prior landlord and new landlord for negligence. She was assaulted in her apartment at 12:30 pm on Jan. 25, 2001, when she returned from grocery shopping. She said the rooftop door lock was broken and the outside building door lock didn't always work. New landlord asked the court to dismiss the case. It bought the building on the day of the assault. The closing started at 2 pm and didn't finish until 4 pm So, new landlord argued that it didn't own the building at the time of the assault. The court ruled for new landlord and dismissed the case against it. Since new landlord couldn't enter the building to make repairs before closing, it had no duty to protect tenant.

Jana L. v. W. 129th St. Realty Co.: NYLJ, 3/2/05, p. 18, col. 1 (Sup. Ct. NY; Lehner, J)

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