Tenant Attacked in Elevator

Tenant sued landlord NYCHA for negligence after he was attacked in the building's elevator. Tenant had entered the building at 2 a.m. While he wafted for the elevator he heard the front door open and close, heard footsteps, and was then pushed into the elevator and stabbed by three men in hooded sweatshirts. Tenant claimed that the front door lock of the building had been broken for a year, that there had been 12 incidents in the building complex in the prior three months, and that two murders had been committed in the prior year. Landlord claimed that tenant couldn't prove that the attackers were intruders and so the case should be dismissed without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant's proof of extensive and serious criminal activity in the building complex, together with his description of what happened, showed a link between the unlocked door and his attack that warranted a trial.

Granados v. NYCHA. NYLJ, p. 26, col. 6 (11/27/98) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Nardelli, Rubin, Andrias, JJ)