Tenant's Nephew Assaulted in Entryway

January 1, 2002

LVT Number: 15504

Tenant's nephew sued landlord for negligence after he was beaten and robbed in the building's entryway. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for injuries to visitors outside the locked building's lobby area. The court ruled against landlord. Building staff knew that tenant's nephew was visiting. He was attacked outside an auto-lock door that couldn't be opened without help from the building's security guard. The guard was away from his desk when the attack took place.

Tenant's nephew sued landlord for negligence after he was beaten and robbed in the building's entryway. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for injuries to visitors outside the locked building's lobby area. The court ruled against landlord. Building staff knew that tenant's nephew was visiting. He was attacked outside an auto-lock door that couldn't be opened without help from the building's security guard. The guard was away from his desk when the attack took place. There were factual questions as to whether landlord maintained minimal security to protect people going in and out of the building. This required a trial.

Santiago v. French Apts. Hous. Co.: NYLJ, 12/5/01, p. 20, col. 1 (Sup. Ct. Bronx; Silver, J)

Topics

More like this