Visitor Attacked in Public Entrance Vestibule

Tenant's visitor sued landlord for negligence after he was attacked by another tenant in the common entrance vestibule of landlord's building. Visitor claimed building security was negligent and that landlord permitted unlawful activity at the building, which caused the attack. Landlord asked the court to dismiss the case, claiming it wasn't responsible for visitor's injuries. The court ruled for landlord in part. Since the attack happened in the entrance vestibule, which was an area the public had access to, landlord wasn't responsible for providing security to the visitor at that point. But a shooting had occurred in the building, which raised questions as to whether landlord allowed unlawful activity to continue in the building and whether this was the cause of visitor's injuries. A trial was needed to determine whether landlord was responsible for visitor's injuries.

Neil v. NYCHA: NYLJ, 4/16/07, p. 23, col. 1 (Sup. Ct. Kings; Battaglia, J)