Tenant Assaulted at Building Entrance

April 30, 2004

LVT Number: 17275

Tenant sued landlord for negligence after he was attacked at the building entrance. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenant showed proof that the building entrance didn't have a working door at the time of the claimed assault by gang members who didn't live in the building. So there was a question of fact about landlord's liability that required a trial.

Tenant sued landlord for negligence after he was attacked at the building entrance. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Tenant showed proof that the building entrance didn't have a working door at the time of the claimed assault by gang members who didn't live in the building. So there was a question of fact about landlord's liability that required a trial.

Nurse v. Emerald Real Estate Mgmt. Corp.: NYLJ, 4/19/04, p. 27, col. 5 (App. Div. 1 Dept.; Andrias, JP, Williams, Lerner, Marlow, JJ)

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