Tenant's Child Opened Apartment Door for Attackers

Tenant sued landlord for negligence after two brothers who lived in the building next door stabbed her child. Tenant claimed that the front door lock was broken, allowing the attackers to enter. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant's child knew the attackers, had seen them downstairs earlier in the evening, and had asked them if another friend would be visiting him. Later that evening, tenant's child looked through the peephole of the apartment door, opened the door, and the attackers grabbed him and stabbed him. Landlord wasn't responsible because it was tenant's child who opened the door and admitted the attackers.

Torres v. NYCHA: NYLJ, 3/27/02, p. 25, col. 3 (App. Div.2 Dept.; Altman, JP, Krausman, Goldstein, Miller, JJ)