Tenant Claims Door Locks Were Defective

Landlord sued tenant for negligence after she was assaulted in the building. Tenant claimed the assailant entered the building because there were no operating locks on either the front or rear building entrances. Landlord in turn sued the alarm system company, which should have installed front door locks under its contract with landlord by the time the attack occurred. Both landlord and the alarm company asked the court to dismiss the case. The court dismissed the case only against the alarm company, finding that the assailant entered through the rear door. Landlord appealed. The appeals court ruled that a trial was needed to determine if landlord was responsible for tenant's injuries. It was also unclear whether the assailant entered through the front or rear door. So the alarm company was brought back in the case for a trial to determine whether it was partly liable.

Rosario v. NYCHA: NYLJ, p. 32, col. 4 (9/3/96) (App. Div. 2 Dept.; Bracken, JP, Copertino, Pizzuto, Goldstein, JJ)