Tenant Shot in Hallway

Tenant sued landlord for negligence after he was shot in the hallway of his building. He claimed he had entered the building alone, and was accosted from behind by an unknown gunman when he reached the sixth floor. Tenant argued that landlord negligently allowed the front door of the building to remain unlocked and that it was unlocked on the day of the assault. Landlord claimed that the door was repaired before the date in question and that tenant didn't show that the shooter was an intruder who gained entry to the building by an unlocked front door. The trial court ruled for landlord without a trial and tenant appealed. The appeals court again ruled for landlord. Shortly before the shooting, tenant was seen entering the building with another man, talking with him and getting on the elevator with him. Even if the shooter had been alone, there was no proof that he was an intruder. Also, tenant stated right after the shooting that he knew the man who shot him.

Rivas v. Parnes: NYLJ, p. 28, col. 3 (4/17/95) (App. Div. 1 Dept.; Ellerin, JP, Rubin, Ross, Nardelli, Williams, JJ)