Tenant Didn't Show How Assailant Entered Building

January 1, 1996

LVT Number: 10256

Tenant sued landlord for negligence after she was attacked in her building. The court ruled for tenant and awarded her $250,000, based on landlord's failure to provide proper security. Landlord appealed. The appeals court reversed and ruled for landlord. Tenant entered the building using her key to the front door lock. No one was in front of or behind her as she entered. As she was putting her key into the lock of her ground-floor apartment, she was seized from behind by an assailant with a knife and attacked in an adjacent unlocked laundry room.

Tenant sued landlord for negligence after she was attacked in her building. The court ruled for tenant and awarded her $250,000, based on landlord's failure to provide proper security. Landlord appealed. The appeals court reversed and ruled for landlord. Tenant entered the building using her key to the front door lock. No one was in front of or behind her as she entered. As she was putting her key into the lock of her ground-floor apartment, she was seized from behind by an assailant with a knife and attacked in an adjacent unlocked laundry room. Tenant's expert testified that the building's front door was defectively hung, which made it easy to manipulate the lock and enter the building. But there was no proof as to how the assailant entered the building.

Kirsten M. v. Bettina Equities Co., Inc.: NYLJ, p. 25, col. 6 (12/7/95) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Wallach, Ross, Williams, JJ)

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