Tenant Assaulted Two Hours Before Building Sold

November 1, 2005

LVT Number: 18425

Tenant sued prior and current landlords for negligence after she was attacked by an intruder in her apartment. Tenant was attacked two hours before the building was sold to current landlord. The court dismissed tenant's claim against current landlord. But the court also ruled that there was a question of fact as to whether prior landlord was aware of the attack before the building sale closed and didn't disclose this fact to current landlord. Prior landlord appealed. The appeals court ruled for prior landlord.

Tenant sued prior and current landlords for negligence after she was attacked by an intruder in her apartment. Tenant was attacked two hours before the building was sold to current landlord. The court dismissed tenant's claim against current landlord. But the court also ruled that there was a question of fact as to whether prior landlord was aware of the attack before the building sale closed and didn't disclose this fact to current landlord. Prior landlord appealed. The appeals court ruled for prior landlord. Prior landlord had no duty to disclose the attack to current landlord, even if prior landlord knew about it before the sale was completed.

Jana L. v. W. 129th St. Realty Corp.: NYLJ, 10/13/05, p. 24, col. 6 (App. Div. 1 Dept.; Tom, JP, Friedman, Gonzalez, Catterson, JJ)

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