Tenant Can't Identify Intruders

March 1, 1999

LVT Number: 13039

Tenant sued landlord NYCHA after he was attacked in the building. Landlord asked the court to dismiss the case because tenant couldn't identify his attackers. The court and appeals court ruled for landlord. Tenant appealed again to the state's highest court. The court ruled for tenant. Even though tenant didn't know who his attackers were, it was more likely than not that they were intruders who got into the building due to a negligently maintained entrance. The case was sent back for trial.

Tenant sued landlord NYCHA after he was attacked in the building. Landlord asked the court to dismiss the case because tenant couldn't identify his attackers. The court and appeals court ruled for landlord. Tenant appealed again to the state's highest court. The court ruled for tenant. Even though tenant didn't know who his attackers were, it was more likely than not that they were intruders who got into the building due to a negligently maintained entrance. The case was sent back for trial.

Torres v. NYCHA: NYLJ, p. 29, col. 1 (2/17/99) (Ct. App.; Kaye, CJ, Bellacoas, Smith, Levine, Ciparick, Wesley, Rosenblatt, JJ)

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