Tenants Robbed and Raped in Apartment

November 1, 2001

LVT Number: 15362

Tenants sued landlord for negligence after they were robbed and raped in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Two attackers followed tenants through the building's outside door, which didn't have a lock, and the building's inside door, which had a broken lock. A third attacker was waiting in the stairwell. The building super had been told that two men were tampering with the door earlier in the day. The lock wasn't repaired until the day after the attacks.

Tenants sued landlord for negligence after they were robbed and raped in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Two attackers followed tenants through the building's outside door, which didn't have a lock, and the building's inside door, which had a broken lock. A third attacker was waiting in the stairwell. The building super had been told that two men were tampering with the door earlier in the day. The lock wasn't repaired until the day after the attacks. So there was a question of fact as to whether landlord was responsible, which required a trial.

Delacruz v. Durso: NYLJ, 10/31/01, p. 19, col. 2 (Sup. Ct. Bronx; Targum, J)

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