Tenant Raped in Building

April 1, 1999

LVT Number: 13116

Tenant sued landlord for negligence after she was attacked and raped when she entered the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, finding that tenant didn't show that landlord hadn't secured the building's outer doors and locks. Tenant appealed and won. Tenant didn't just claim that the doors and locks were inadequate. She also claimed that landlord hadn't removed drug dealers from the building. She had complained to landlord about this repeatedly, and had seen her attacker loitering in the building earlier in the day.

Tenant sued landlord for negligence after she was attacked and raped when she entered the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, finding that tenant didn't show that landlord hadn't secured the building's outer doors and locks. Tenant appealed and won. Tenant didn't just claim that the doors and locks were inadequate. She also claimed that landlord hadn't removed drug dealers from the building. She had complained to landlord about this repeatedly, and had seen her attacker loitering in the building earlier in the day. Tenant raised issues of fact as to whether her injuries were a foreseeable result of landlord's failure to remove the drug dealers. A trial was needed to decide these issues.

Luisa R. v. City of New York: NYLJ, p. 25, col. 2 (3/9/99) (App. Div. 1 Dept.; Sullivan, JP, Nardelli, Williams, Mazzarelli, JJ)

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