Tenant Didn't Show Assault Due to Inadequate Security

Facts: Tenant was assaulted in the building's elevator while going to his apartment. Tenant claimed the attack was caused by an intruder who got in because the building's front door lock was defective. Tenant sued landlord for damages, claiming that landlord was negligent in providing adequate security to the building. Landlord claimed there was no proof that the attacker was an intruder; it could have been another tenant or a tenant's guest. Landlord asked the court to dismiss the case. Court: Landlord wins. Tenant offered no proof of any past criminal activity at the building sufficient to put landlord and its security company on notice that protective measures were required. Tenant also claimed that before the attack occurred he had complained about the lock to the building's security guard and to the tenants' association. But tenant named no specific peson he had complained to.

Akrobotu v. Lefrak Organization: NYLJ, p. 35, col. 1 (6/25/96) (Sup. Ct. Queens; Goldstein, J)