No Evidence of Defective Lock

February 1, 1999

LVT Number: 13012

Tenant sued landlord for negligence after she was raped by an unknown attacker in her building vestibule. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. There was no proof that the building door lock was defective or not working on the date tenant was attacked. Tenant also didn't show any proof that landlord had notice that there was any inadequate lighting in the vestibule or that this caused the attack.

Tenant sued landlord for negligence after she was raped by an unknown attacker in her building vestibule. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. There was no proof that the building door lock was defective or not working on the date tenant was attacked. Tenant also didn't show any proof that landlord had notice that there was any inadequate lighting in the vestibule or that this caused the attack.

Ospina v. Zagelbaum: 680 NYS2d 110 (10/26/98) (App. Div. 2 Dept.; Rosenblatt, JP, Copertino, Sullivan, Altman, JJ)

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