Tenant Raped in Apartment

April 1, 1999

LVT Number: 13109

Tenant sued landlord for negligence after being raped in her apartment. Tenant was 14 years old, her mother wasn't home, and she answered the doorbell, thinking it was a UPS delivery person. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Since there was a history of crime at the building, there was a question as to whether landlord provided adequate security.

Tenant sued landlord for negligence after being raped in her apartment. Tenant was 14 years old, her mother wasn't home, and she answered the doorbell, thinking it was a UPS delivery person. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Since there was a history of crime at the building, there was a question as to whether landlord provided adequate security. There was also a question as to whether the actual cause of the attack was landlord's negligence or tenant's opening of the apartment door. There were issues of fact requiring a trial.

Carmen P. v. PS&S Realty Corp.: NYLJ, p. 27, col. 4 (3/25/99) (App. Div. 1 Dept.; Rosenberger, JP, Wallach, Rubin, Andrias, JJ)

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