Tenant Didn't Show How Intruder Got into Building

Tenant sued landlord for negligence after he was robbed and beaten in the building's lobby after exiting the elevator. Tenant claimed that the attacker was an intruder who got into the building through a broken front-door lock. Landlord asked the court to dismiss the complaint without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Although tenant claimed that he saw the attacker enter the lobby, he couldn't prove whether the attacker got in by way of the broken door lock, had a key, or was buzzed in by another tenant. Tenant had originally identified attacker as someone who lived in another building in the apartment complex, but later stated that he didn't know who the attacker was. Tenant didn't prove that the broken door lock resulted in his being attacked.

Melville v. New York City Housing Authority: NYLJ, p. 26, col. 6 (8/25/97) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Nardelli, Rubin, Mazzarelli, JJ)