Trial Required on Liability for Attack on Tenant

February 1, 1993

LVT Number: 6693

Tenant sued landlord for negligence after she was attacked by men who broke into her apartment. Landlord asked the court to dismiss the case without a trial. The trial court refused and landlord appealed. The appeals court also ruled that a trial was needed and sent the case back. Landlord claimed that the attackers could have been guests of another tenant or gained access to the building other than through the unlocked front doors. But landlord presented no proof for these claims.

Tenant sued landlord for negligence after she was attacked by men who broke into her apartment. Landlord asked the court to dismiss the case without a trial. The trial court refused and landlord appealed. The appeals court also ruled that a trial was needed and sent the case back. Landlord claimed that the attackers could have been guests of another tenant or gained access to the building other than through the unlocked front doors. But landlord presented no proof for these claims. The attackers weren't tenants of the building, the front doors were unlocked, and the building had been the scene of many past crimes. Landlord had been aware of this history and the broken front door lock for some time.

[Crockett v. New York City Housing Authority: NYLJ, p. 23, col. 1 (1/11/93) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Kupferman, Kassal, JJ)].

Topics

More like this