Tenant Assaulted in Building

April 30, 2006

LVT Number: 18815

Tenant sued landlord and its security company after she was assaulted in her building. The security company asked the court to dismiss the case. The company claimed it was responsible for protecting property only, not for protecting tenants. The court ruled against the company. The security company appealed and lost. The security company was obligated under its contract to provide security for tenants. So the case couldn't be dismissed before trial.

Tenant sued landlord and its security company after she was assaulted in her building. The security company asked the court to dismiss the case. The company claimed it was responsible for protecting property only, not for protecting tenants. The court ruled against the company. The security company appealed and lost. The security company was obligated under its contract to provide security for tenants. So the case couldn't be dismissed before trial.

Kotchina v. Luna Park Housing Corp.: NYLJ, 4/10/06, p. 34, col. 5 (App. Div. 2 Dept.; Ritter, JP, Luciano, Mastro, Skelos, JJ)

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