Tenant's Guest Raped

May 31, 1999

LVT Number: 13261

Tenant's guest sued landlord after she was raped in landlord's building. The guest was attending a party at tenant's apartment. She was raped in another vacant, unlocked apartment in the building. At least one of her attackers was also a guest at the party. Tenant's guest and a police officer both stated that the building's entrance door was also unlocked that night. 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, dismissing the case.

Tenant's guest sued landlord after she was raped in landlord's building. The guest was attending a party at tenant's apartment. She was raped in another vacant, unlocked apartment in the building. At least one of her attackers was also a guest at the party. Tenant's guest and a police officer both stated that the building's entrance door was also unlocked that night. 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, dismissing the case. Even if landlord knew the entrance door and vacant apartment were unlocked, there was no proof that these conditions caused the injury to tenant's guest. There was no proof that tenant's attackers were intruders. They could have been let into the building by tenant or one of tenant's guests. Landlord wasn't responsible under these circumstances.

Smith v. NYCHA: NYLJ, p. 32, col. 1 (5/7/99) (App. Div. 2 Dept.; O'Brien, JP, Friedman, Miller, Smith, JJ)

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