Tenant Didn't Prove Front Door Lock Was Defective

November 1, 1998

LVT Number: 12735

Tenant sued landlord for negligence after she was raped in the apartment building vestibule. Tenant claimed that the front door lock was defective. Landlord denied this but the court refused to dismiss the case without a trial. Landlord appealed and won. There was no proof that the front door lock was defective or inoperable on the day tenant was attacked.

Tenant sued landlord for negligence after she was raped in the apartment building vestibule. Tenant claimed that the front door lock was defective. Landlord denied this but the court refused to dismiss the case without a trial. Landlord appealed and won. There was no proof that the front door lock was defective or inoperable on the day tenant was attacked.

Ospina v. Zagelbaum: NYLJ, p. 30, col. 2 (10/30/98) (App. Div. 2 Dept.; Rosenblatt, JP, Copertino, Sullivan, Altman, JJ)

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