Was Landlord Responsible for Sexual Assault by Doorman?

Subtenant, who rented an apartment from a condo unit owner, sued the condominium corporation, building management, and the unit owner after one of the building's doormen sexually assaulted her. After conducting some pretrial questioning and document production, subtenant sought to compel landlord and other defendants to supplement two written discovery responses and produce three additional witnesses for depositions. The court ruled for subtenant. If landlord had additional statements from the doorman that were reduced to writing, it must produce these records. Subtenant also sought a copy of her sublease application because it may show the scope of landlord's duties to the subtenant. The court also granted subtenant's request to produce three other building doormen for pretrial questioning. If they still worked for landlord, landlord must produce them for depositions on the question of their practices with regard to tenant deliveries. This was based on the other doorman's delivery of food to subtenant's apartment.

Sackas v. 240 E. 46th St. Condominium: Index No. 160714/2016, 2020 NY Slip Op 51084(U)(Sup. Ct. NY; 9/25/20; Lebovits, J)