Tenant's Brother Attacked in Stairwell

Tenant's brother sued landlord NYCHA for negligence after he was attacked in the building stairwell. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. The brother came to visit tenant at her apartment. Several men were standing outside the building. The brother entered the building without using a key or intercom because the front door lock was open. As he headed toward the staircase to the fourth floor, he noticed two men enter the building. He didn't see whether they used keys. The men followed the brother, knocked him unconscious, and robbed him. The brother suffered severe head and brain injuries. To decide if landlord was responsible, a trial was required to determine whether the attackers were intruders, rather than residents or guests.

Chunn v. NYCHA: NYLJ, 4/8/11, p. 27, col. 2 (App. Div. 1 Dept.; Tom, JP, Sweeny, Freedman, Richter, Abdus-Salaam, JJ)