Tenant Didn't Prove Building Had Inadequate Security

March 1, 1997

LVT Number: 11293

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 for landlord, and tenant appealed. The appeals court ruled against tenant. There wasn't sufficient proof of prior violent criminal activity at the building. So landlord wasn't required to take protective measures. Even if the lock on the interior vestibule door had been broken on occasion and vagrants loitered around the building, this didn't mean a violent attack was foreseeable.

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 for landlord, and tenant appealed. The appeals court ruled against tenant. There wasn't sufficient proof of prior violent criminal activity at the building. So landlord wasn't required to take protective measures. Even if the lock on the interior vestibule door had been broken on occasion and vagrants loitered around the building, this didn't mean a violent attack was foreseeable. And tenant didn't show that security measures were lacking on the night of the attack.

Mason v. M.D. Carlisle Realty Corp.: NYLJ, p. 26, col. 2 (2/10/97) (App. Div. 1 Dept.; Murphy, PJ, Rubin, Tom, Andrias, JJ)

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