Tenant Didn't Prove Assailant Was Intruder

Tenant sued landlord after she was attacked in the building. Tenant claimed that the attacker was an intruder who gained access to the building due to landlord's negligence. The jury ruled for tenant and awarded her $500,000. Landlord asked the court to set aside the jury verdict, claiming that it wasn't supported by the evidence. The court ruled for landlord. Tenant testified that she had never seen the attacker in the building before or after the attack and that she didn't recognize him. That didn't prove he was an intruder. The large building contained over 150 apartments and hundreds of residents. The attacker could have been another tenant or a guest. Tenant didn't know how her attacker entered the building. She first saw him standing by the elevator. He didn't try to hide his identity. The jury's finding was based only on speculation.

Gomez v. NYCHA: NYLJ, p. 27, col. 4 (12/6/96) (Sup. Ct. Bronx; Green, J)