No Evidence of Prior Criminal Activity in Building

April 30, 1994

LVT Number: 8737

Facts: Tenant was assaulted and robbed on first floor of building near the elevator at about 9:00 p.m. The door leading to the building vestibule had no lock. The door from the vestibule to the first floor had a lock, which tenant had trouble with that evening. Tenant claimed landlord was negligent. Another tenant stated that she saw the lock was broken about 5:00 p.m. that day, but didn't report it to landlord. Landlord claimed it hadn't been negligent. Court: Tenant loses. There was no proof of prior crime in the building.

Facts: Tenant was assaulted and robbed on first floor of building near the elevator at about 9:00 p.m. The door leading to the building vestibule had no lock. The door from the vestibule to the first floor had a lock, which tenant had trouble with that evening. Tenant claimed landlord was negligent. Another tenant stated that she saw the lock was broken about 5:00 p.m. that day, but didn't report it to landlord. Landlord claimed it hadn't been negligent. Court: Tenant loses. There was no proof of prior crime in the building. Tenant didn't show there had been any specific incidents or activities in tenant's building or others in the complex. There was no foreseeability warranting landlord to take more precautions.

Cameau v. Briarwood Park Associates: NYLJ, p. 25, col. 1 (4/12/94) (Sup. Ct. Queens; Lerner, J)

Topics

More like this