Tenants Robbed in Vestibule

September 30, 1997

LVT Number: 11788

Tenants sued landlord for negligence after they were robbed and assaulted in the building's vestibule. Tenants claimed that landlord was on notice that lobby door lock frequently jammed. Tenants' key was sticking in the lock on the night they were robbed. The attacker ran into the vestibule while they were trying to open the lobby door. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord.

Tenants sued landlord for negligence after they were robbed and assaulted in the building's vestibule. Tenants claimed that landlord was on notice that lobby door lock frequently jammed. Tenants' key was sticking in the lock on the night they were robbed. The attacker ran into the vestibule while they were trying to open the lobby door. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord had a duty to minimize danger from criminal acts when it was aware from past experience of a likelihood of acts dangerous to tenants or visitors. But in this case there was insufficient proof of foreseeable danger.

Levine v. Fifth Housing Co.: NYLJ, p. 28, col. 4 (9/19/97) (App. Div. 2 Dept.; Miller, JP, Copertino, Pizzuto, Joy, JJ)

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