Tenant Attacked in His Apartment

February 1, 1996

LVT Number: 10322

Tenant sued landlord for negligence after being attacked in his apartment. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Tenant didn't prove how the attackers got into the building. So there was no factual question as to whether entry was caused by landlord's negligence. In addition, tenant opened his locked apartment door without first checking through the peephole to see who was at the door. Legally, this was the cause of the attack. There was also no history of criminal conduct at the building.

Tenant sued landlord for negligence after being attacked in his apartment. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Tenant didn't prove how the attackers got into the building. So there was no factual question as to whether entry was caused by landlord's negligence. In addition, tenant opened his locked apartment door without first checking through the peephole to see who was at the door. Legally, this was the cause of the attack. There was also no history of criminal conduct at the building.

Benitez v. Paxton Realty Corp.: NYLJ, p. 27, col. 2 (1/22/96) (App. Div. 1 Dept.; Rosenberger, JP, Wallach, Rubin, Nardelli, Mazzarelli, JJ)

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