Robbery in Building Lobby

August 31, 1993

LVT Number: 8127

A visitor entering landlord's building was robbed and stabbed in the lobby. Visitor sued landlord for negligence, claiming the front door lock was broken. Landlord asked the trial court to dismiss the case. The court refused, and landlord appealed. The appeals court found that there were enough factual questions to require a trial. The robbers didn't approach the visitor directly from the unlocked door, so it was unclear whether landlord's negligence had caused his injuries. The court denied landlord's request for dismissal and sent the case back for a trial.

A visitor entering landlord's building was robbed and stabbed in the lobby. Visitor sued landlord for negligence, claiming the front door lock was broken. Landlord asked the trial court to dismiss the case. The court refused, and landlord appealed. The appeals court found that there were enough factual questions to require a trial. The robbers didn't approach the visitor directly from the unlocked door, so it was unclear whether landlord's negligence had caused his injuries. The court denied landlord's request for dismissal and sent the case back for a trial.

Pena v. New York City Housing Authority: 596 NYS2d 403 (4/27/93) (App. Div. 1 Dept; Murphy, PJ, Milonas, Ross, Asch, JJ)

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