Tenant Can't Identify Assailant as Intruder

April 1, 1999

LVT Number: 13111

Tenant sued landlord for negligence after she was raped in her apartment. Tenant didn't know whether or not her attacker was an intruder in the building. So landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Tenant showed that landlord was aware of security problems and prior criminal activity in the building. Tenant also showed that her attacker was probably an intruder who got into the building through either a roof door, broken fencing, or improperly positioned fire escapes. A trial was needed to determine the facts.

Tenant sued landlord for negligence after she was raped in her apartment. Tenant didn't know whether or not her attacker was an intruder in the building. So landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Tenant showed that landlord was aware of security problems and prior criminal activity in the building. Tenant also showed that her attacker was probably an intruder who got into the building through either a roof door, broken fencing, or improperly positioned fire escapes. A trial was needed to determine the facts.

Dargenson v. 170 Hawthorne St. Realty Co.: NYLJ, p. 35, col. 4 (3/29/99) (Sup. Ct. Kings; Bernstein, J)

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