Tenant's Son Beaten in Parking Lot

June 30, 1995

LVT Number: 9810

Facts: Tenant's son visited tenant one evening. He went out to get her groceries and crossed through the adjoining tenant parking lot operated by landlord. On his way back he was mugged and seriously injured. The son sued landlord for negligence. He and his mother claimed the lights in the parking lot weren't working and the neighborhood was well known as a high crime area. Landlord asked the court to dismiss the case without trial. The court ruled against landlord on this issue and landlord appealed. Court: A trial was needed because there was a factual issue.

Facts: Tenant's son visited tenant one evening. He went out to get her groceries and crossed through the adjoining tenant parking lot operated by landlord. On his way back he was mugged and seriously injured. The son sued landlord for negligence. He and his mother claimed the lights in the parking lot weren't working and the neighborhood was well known as a high crime area. Landlord asked the court to dismiss the case without trial. The court ruled against landlord on this issue and landlord appealed. Court: A trial was needed because there was a factual issue. A court should decide whether or not the assault would have occurred if the parking lot had working lights.

Rodriguez v. NYC Housing Authority: NYLJ, p. 25, col. 3 (6/20/95) (App. Div. 1 Dept.; Murphy, PJ, Ellerin, Kupferman, Williams, Tom, JJ)

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