Tenant Claims Broken Door Gave Access to Intruder

December 1, 1996

LVT Number: 11061

Tenant sued landlord for negligence after being attacked in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant raised questions of fact as to whether her attacker was an intruder who had gained access through a broken front door. Landlord claimed the attacker was a guest who gained access through a bolted roof exit. A trial was needed to determine the facts and whether landlord was liable.

Tenant sued landlord for negligence after being attacked in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant raised questions of fact as to whether her attacker was an intruder who had gained access through a broken front door. Landlord claimed the attacker was a guest who gained access through a bolted roof exit. A trial was needed to determine the facts and whether landlord was liable.

Brewster v. Prince Apts.: NYLJ, p. 26, col. 2 (11/21/96) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Wallach, Rubin, Mazzarelli, JJ)

Topics

More like this