Trial Required on Whether Building Security Sufficient

March 7, 2007

LVT Number: 19338

Tenant sued landlord for negligence after she was attacked in her building. Landlord asked the court to dismiss the claim without a trial. At first, the court ruled for landlord, but after reconsideration, the court refused to dismiss the case. Landlord appealed and lost. Tenant must prove at trial that landlord's failure to take required security precautions caused her injuries. But there were questions as to whether the security was sufficient in light of the high crime level at the building complex. The case could not be dismissed at this point.

Tenant sued landlord for negligence after she was attacked in her building. Landlord asked the court to dismiss the claim without a trial. At first, the court ruled for landlord, but after reconsideration, the court refused to dismiss the case. Landlord appealed and lost. Tenant must prove at trial that landlord's failure to take required security precautions caused her injuries. But there were questions as to whether the security was sufficient in light of the high crime level at the building complex. The case could not be dismissed at this point.

Tiffany v. NYCHA: NYLJ, 1/2/07, p. 31, col. 6 (App. Div. 1 Dept.; Friedman, JP, Nardelli, Gonzalez, Catterson, Kavanagh, JJ)

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