Tenants Didn't Show How Assailants Entered Building

August 31, 1996

LVT Number: 10844

Tenants sued landlord for negligence after being attacked in their apartment by assailants who gained access to the building through a front door. The locks to that door had been in disrepair for a number of months. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenants didn't prove that landlord had notice of any prior criminal activity.

Tenants sued landlord for negligence after being attacked in their apartment by assailants who gained access to the building through a front door. The locks to that door had been in disrepair for a number of months. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenants didn't prove that landlord had notice of any prior criminal activity. Tenants' claim that the assailants were seen earlier that day drinking beer in the building hallway didn't constitute notice of prior criminal activity. And even if it did, no one notified landlord. There was also more than one entrance to the building, and tenants couldn't prove that the assailants entered the building through the door with the defective locks.

Rivera v. Lazo: NYLJ, p. 26, col. 1 (8/26/96) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Wallach, Williams, Mazzarelli, JJ)

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