Trial Required on Whether Attackers Were Intruders

Tenants sued landlord and security company after intruders in their building's lobby attacked them. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. There were issues of fact that required a trial, including the foreseeability of criminal activity in the building and whether tenants' attackers were intruders. The court also ruled that the security company wasn't responsible for tenants' attack in the building's lobby, since only one guard was assigned to patrol the whole building and no act on the security company's part caused tenants' injuries.

Rios v. Jackson Assocs.: 686 NYS2d 800 (1999) (App. Div. 2 Dept.; Santucci, JP, Altman, Friedmann, McGinity, JJ)