Tenant Didn't Show Assailant Was Intruder

March 1, 1997

LVT Number: 11290

Tenant sued landlord for negligence after she was attacked in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. The court dismissed the case. Tenant didn't prove that assailant was intruder. So she couldn't successfully claim that landlord was responsible. And, even if the building's entrance door wasn't locked, this didn't matter since tenant didn't prove that the assailant gained access this way.

Tenant sued landlord for negligence after she was attacked in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. The court dismissed the case. Tenant didn't prove that assailant was intruder. So she couldn't successfully claim that landlord was responsible. And, even if the building's entrance door wasn't locked, this didn't matter since tenant didn't prove that the assailant gained access this way.

Borrero v. New York City Housing Authority: NYLJ, p. 26, col. 3 (2/20/97) (App. Div. 1 Dept.; Sullivan, JP, Wallach, Rubin, Tom, Andrias, JJ)

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