No Proof that Assailant Was Intruder

Tenant sued landlord for negligence after she was attacked in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. When tenant entered the elevator, it went down to the basement instead of up. She was robbed and attacked by two men who then fled through a basement door that tenant claimed had been unlocked for some time. Although a police officer speculated that the attackers entered through the basement door and the basement was off-limits to tenants, this wasn't sufficient to raise a question as to whether the attackers were intruders who gained access due to landlord's defective security measures.

Cortes v. NYCHA: NYLJ, p. 25, col. 6 (3/16/98) (App. Div. 1 Dept.; Nardelli, JP, Wallach, Williams, Mazzarelli, JJ)