Was Landlord Responsible for Attack on Tenant's Daughter?

March 14, 2017

LVT Number: #27554

Tenant sued landlord NYCHA, claiming that landlord was negligent in failing to provide a properly locked front door at the building and that this caused her daughter’s injuries. NYCHA asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. The transcript of pre-trial questioning raised questions of fact regarding whether the building’s front entrance door was operating properly prior to, and on the day of, the incident when the attacker entered the building.

Tenant sued landlord NYCHA, claiming that landlord was negligent in failing to provide a properly locked front door at the building and that this caused her daughter’s injuries. NYCHA asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. The transcript of pre-trial questioning raised questions of fact regarding whether the building’s front entrance door was operating properly prior to, and on the day of, the incident when the attacker entered the building. There were also questions as to whether the attacker was an intruder who gained access to the building through a negligently maintained entrance. A trial was needed to determine the facts.

 
Ramos v. NYCHA: 2017 NY Slip Op 01244, 2017 WL 599918 (App. Div. 2 Dept.; 2/15/17; Mastro, JP, Austin, Miller, Maltese, JJ)

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