Tenant Assaulted in His Apartment

January 1, 1999

LVT Number: 12892

Tenant sued landlord for negligence after he was assaulted in his apartment. Landlord claimed tenant couldn't prove if the attackers were intruders and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant claimed he knew all the tenants in the building, had never seen his attackers in the two years he'd lived there, and had never seen them when he lived in another building on the same street. So there was a question of fact requiring a trial.

Tenant sued landlord for negligence after he was assaulted in his apartment. Landlord claimed tenant couldn't prove if the attackers were intruders and asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant claimed he knew all the tenants in the building, had never seen his attackers in the two years he'd lived there, and had never seen them when he lived in another building on the same street. So there was a question of fact requiring a trial.

Cisse v. S.F.J. Realty Corp.: NYLJ, p. 24, col. 4 (12/31/98) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Nardelli, Rubin, Andrias, JJ)

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