Landlord Not Liable for Attack on Tenant

March 1, 1999

LVT Number: 13044

Tenant sued landlord for negligence after she was attacked by an unidentified robber in front of the building. She claimed landlord didn't provide adequate security because the building's ''24-hour'' doorman service was interrupted for one hour between 8:00 p.m. and 9:00 p.m. while the doorman took a dinner break. Tenant was attacked during this period. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Tenant was aware of landlord's policy of giving the doorman a dinner break.

Tenant sued landlord for negligence after she was attacked by an unidentified robber in front of the building. She claimed landlord didn't provide adequate security because the building's ''24-hour'' doorman service was interrupted for one hour between 8:00 p.m. and 9:00 p.m. while the doorman took a dinner break. Tenant was attacked during this period. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Tenant was aware of landlord's policy of giving the doorman a dinner break. Although there had been a murder and a robbery in the building previously, these crimes weren't similar to the attack on tenant. So landlord wasn't on notice of a need for greater security. Tenant didn't show any negligence on landlord's part.

Evans v. The 141 Condominium: NYLJ, p. 26, col. 3 (2/11/99) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Nardelli, Saxe, JJ)

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