Tenant Didn't Use Peephole Before Allowing in Intruder

Facts: Tenant in Lefrak City apartment complex opened her apartment door when the doorbell rang early one morning without looking through the peephole. A man whose family lived in the complex forced his way into the apartment and raped tenant. Tenant sued landlord and its security company for negligence. She didn't look through the peephole because she was expecting her boyfriend, who had telephoned her from a store five minutes earlier. Landlord, on the other hand, knew that the attacker was a troublemaker who came around the building complex. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled for landlord, and tenant appealed. Court: Tenant wins. Whether the attack was caused by landlord's negligence or tenant's own negligence was a question of fact that required a trial. Tenant might have opened her door at that hour, even if no one rang the bell. And landlord knew the attacker was a problem.

Mason v. U.E.S.S. Leasing Corp.: NYLJ, 8/9/00, p. 21, col. 3 (App. Div.1 Dept.; Nardelli, JP, Tom, Mazzarelli, Andrias, Buckley, JJ)