No Proof of How Assailants Entered Building

May 31, 1997

LVT Number: 11503

Tenant sued landlord for negligence after she was attacked in her apartment. The court dismissed the case without a trial, and tenant appealed. The appeals court again ruled against tenant. Tenant said in pretrial questioning that she couldn't identify her assailants and didn't know how they entered the building or of anyone who did know. Tenant's later statement that several unnamed people told her that the attackers had entered through a broken front gate and door and were strangers to the building was hearsay.

Tenant sued landlord for negligence after she was attacked in her apartment. The court dismissed the case without a trial, and tenant appealed. The appeals court again ruled against tenant. Tenant said in pretrial questioning that she couldn't identify her assailants and didn't know how they entered the building or of anyone who did know. Tenant's later statement that several unnamed people told her that the attackers had entered through a broken front gate and door and were strangers to the building was hearsay. Tenant showed no proof that assailants were intruders or that they entered the building through landlord's negligence.

Jimenez v. 470 Audubon Ave. Corp.: NYLJ, p. 26, col. 5 (5/5/97) (App. Div. 1 Dept.; Murphy, PJ, Ellerin, Nardelli, Williams, Andrias, JJ)

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