Tenant Proved Assailant Was Intruder

January 1, 1999

LVT Number: 12890

Tenant sued landlord for negligence after he was attacked in the building. The court ruled against tenant, finding that he didn't prove that the attacker was an intruder. Tenant appealed and won. Tenant had shown that the front door lock was damaged, that it had been regularly broken and went unrepaired for extended periods, and that a frequent visitor to the building had witnessed the incident and hadn't recognized the attacker as a tenant or guest.

Tenant sued landlord for negligence after he was attacked in the building. The court ruled against tenant, finding that he didn't prove that the attacker was an intruder. Tenant appealed and won. Tenant had shown that the front door lock was damaged, that it had been regularly broken and went unrepaired for extended periods, and that a frequent visitor to the building had witnessed the incident and hadn't recognized the attacker as a tenant or guest.

Sanchez v. NYCHA: NYLJ, p. 28, col. 6 (12/28/98) (App. Div. 2 Dept.; Mangano, P.J., Rosenblatt, Ritter, Altman, JJ)

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