Tenant Shot in Building

Tenant sued landlord for negligence after being injured in landlord's building. Tenant was shot by an unknown man when she stepped out of the elevator on the seventh floor. The trial court refused to dismiss the case, and landlord appealed. The appeals court ruled for landlord. Tenant made a sworn statement that she saw the man enter the building without a key and without being buzzed in. But before this, tenant stated that she'd seen the man standing near the elevators when she came into the building, that the security guard was at the front desk, and that two other tenants were in the lobby. Tenant's statements were contradictory and gave no proof as to how the man entered the building. Therefore, tenant couldn't show that landlord was negligent.

Kistoo v. City of New York: NYLJ, p. 22, col. 1 (7/26/93) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Kupferman, Kassal, Nardelli, JJ)