Tenant's Daughter Raped in Apartment

Tenant sued landlord for negligence after her daughter was raped in their apartment. Tenant's daughter let the attacker into the apartment when he identified himself as a building employee and said he was there to investigate a leak. Landlord asked the court to dismiss the case without a trial, claiming that it provided adequate safety measures at the building. The court ruled against landlord. Other tenants had reported to the building's management that someone had tried to get into their apartments using the same ruse. At least one other tenant stated that this person was an outsider, not someone who lived in the building. Tenants had also complained about faulty locks and vagrants in the building. These reports raised enough factual questions about security at the building to warrant a trial.

Valera v. Mann: NYLJ, p. 23, col. 2 (8/6/97) (Sup. Ct. NY; Huff, J)