Trial Required on Landlord's Liability for Assault on Tenant

September 30, 1999

LVT Number: 13553

Tenant sued landlord for negligence after she was sexually assaulted in a building elevator. Landlord claimed it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for trial. Tenant showed that the building's front door lock wasn't working properly and that there had been a lot of crime around the building.

Tenant sued landlord for negligence after she was sexually assaulted in a building elevator. Landlord claimed it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for trial. Tenant showed that the building's front door lock wasn't working properly and that there had been a lot of crime around the building. So there was a question of fact as to whether landlord provided proper security at the building and whether the failure to do so caused tenant's injuries.

Foreman v. B&L Properties Co.: 691 NYS2d 405 (1999) (App. Div.1 Dept.; Sullivan, JP, Rosenberger, Tom, Wallach, JJ)

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