Tenant's Apartment Burglarized

September 30, 1999

LVT Number: 13552

Tenant sued landlord for negligence after he was attacked in his apartment by a burglar. Landlord claimed it wasn't responsible for tenant's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Whether the burglar came in through tenant's living room window and whether tenant's injuries were caused by landlord's not lighting the courtyard outside this window were questions of fact that required a trial.

Tenant sued landlord for negligence after he was attacked in his apartment by a burglar. Landlord claimed it wasn't responsible for tenant's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Whether the burglar came in through tenant's living room window and whether tenant's injuries were caused by landlord's not lighting the courtyard outside this window were questions of fact that required a trial.

Guadagno v. Terrace Tenants Corp.: 691 NYS2d 146 (1999) (App. Div.2 Dept.; Miller, JP, Sullivan, Friedmann, Luciano, Feuerstein, JJ)

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