Landlord Not Liable for Rape in Building

January 1, 2003

LVT Number: 16305

Tenant sued landlord for negligence after she was raped in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant presented no proof that the front door lock wasn't working on the day of the incident and no proof that landlord had notice that the lock was defective. Tenant also didn't show that there was any question of fact as to whether landlord's existing lock and intercom system were sufficient security measures.

Tenant sued landlord for negligence after she was raped in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant presented no proof that the front door lock wasn't working on the day of the incident and no proof that landlord had notice that the lock was defective. Tenant also didn't show that there was any question of fact as to whether landlord's existing lock and intercom system were sufficient security measures. There was no proof of prior criminal activity that would have made the attack foreseeable.

Fleur v. 2902 Cortleyou LLC: NYLJ, 12/16/02, p. 31, col. 5 (App. Div.2 Dept.; Altman, JP, Miller, Luciano, Rivera, JJ)

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