Landlord No Longer Owned Building When Tenant Was Attacked

April 1, 1999

LVT Number: 13110

Tenant sued landlord for negligence after being attacked in the building's lobby. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord, and landlord appealed to the state's highest court. The court ruled for landlord. Although there was a factual question as to whether tenant's attacker was more likely than not an intruder who gained access through a broken entrance door, landlord no longer owned the building at the time of the attack, and so had no duty or responsibility concerning the building's security.

Tenant sued landlord for negligence after being attacked in the building's lobby. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord, and landlord appealed to the state's highest court. The court ruled for landlord. Although there was a factual question as to whether tenant's attacker was more likely than not an intruder who gained access through a broken entrance door, landlord no longer owned the building at the time of the attack, and so had no duty or responsibility concerning the building's security. The case was properly dismissed.

Bennett v. Twin Parks Northeast Houses, Inc.: NYLJ, p. 28, col. 5 (3/26/99) (Ct. App.; Kaye, CJ, Bellacosa, Smith, Levine, Ciparick, Wesley, Rosenblatt, JJ)

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