Tenant Claims Inadequate Security Led to Assault

Tenant sued landlord for negligence after an intruder broke into her apartment and assaulted her. Tenant claimed that landlord didn't properly maintain the security system. A burglary occurred in the building two or three years before tenant was attacked, and the building's front door often was opened by a doctor on the first floor, who buzzed people in without confirming who they were. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. Landlord argued that tenant couldn't prove that the attacker gained access because of landlord's negligence, and that the incident wasn't foreseeable. The court ruled against landlord. The attacker wasn't another tenant, and tenant submitted proof of the prior burglary and complaints by other tenants of inadequate security. So there was a question of fact as to whether landlord was responsible, and a trial was required.

Chicarelli v. Ursula Realty Corp.: NYLJ, 12/15/04 p. 19, col. 1 (Sup. Ct. NY; Acosta, J)