Tenant Didn't Show How Intruder Entered Building

April 30, 1997

LVT Number: 11433

Tenant sued landlord for negligence after he was attacked by a robber outside his apartment door. Tenant claimed robber was an intruder who gained entrance because the building's front-door lock had been broken for a week. Tenant said that the intruder tried to run out the building's back door after shooting him, not realizing that it was locked. Tenant also stated that he didn't recognize intruder as another tenant. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won.

Tenant sued landlord for negligence after he was attacked by a robber outside his apartment door. Tenant claimed robber was an intruder who gained entrance because the building's front-door lock had been broken for a week. Tenant said that the intruder tried to run out the building's back door after shooting him, not realizing that it was locked. Tenant also stated that he didn't recognize intruder as another tenant. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. Since there was no proof that the attacker was an intruder or of how the attacker entered the building, tenant couldn't claim that broken door lock caused the attack.

Tolliver v. NYCHA: NYLJ, p. 26, col. 4 (4/14/97) (App. Div. 1 dept.; Wallach, JP, Nardelli, Rubin, Williams, JJ)

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