Tenant Raped in Building

November 1, 1995

LVT Number: 10101

Tenant sued landlord for negligence after she was raped in the building's elevator. Her sister was a witness. Landlord asked the court to dismiss the case without trial, arguing that tenant couldn't prove how the attacker gained entry into the building or that it, in fact, was an intruder rather than another tenant. The court ruled against landlord. The front entrance door to the building was missing. Tenant and her sister saw no one in the lobby before they got in the elevator and claimed that the attacker followed them into the elevator.

Tenant sued landlord for negligence after she was raped in the building's elevator. Her sister was a witness. Landlord asked the court to dismiss the case without trial, arguing that tenant couldn't prove how the attacker gained entry into the building or that it, in fact, was an intruder rather than another tenant. The court ruled against landlord. The front entrance door to the building was missing. Tenant and her sister saw no one in the lobby before they got in the elevator and claimed that the attacker followed them into the elevator. A trial was needed to determine whether the missing front door was the cause of the attack.

Borrero v. NYC Housing Authority: NYLJ, p. 28, col. 5 (10/23/95) (Sup. Ct. Bronx; Silver, J)

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