Landlord Not Responsible for Attack on Tenant in Building Lobby

November 17, 2018

LVT Number: #29739

Tenant, who was attacked in the building vestibule, sued landlord for negligence based on failing to provide adequate security at the building. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant didn't show that there was prior criminal activity at or near the location where she was assaulted. Prior incidents of criminal activity at the building mostly occurred inside apartments and weren't sufficiently similar to what happened to tenant to have placed landlord on notice that additional security measures were needed.

Tenant, who was attacked in the building vestibule, sued landlord for negligence based on failing to provide adequate security at the building. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant didn't show that there was prior criminal activity at or near the location where she was assaulted. Prior incidents of criminal activity at the building mostly occurred inside apartments and weren't sufficiently similar to what happened to tenant to have placed landlord on notice that additional security measures were needed.

George v. 855 Ocean Avenue, LLC: 2018 NY Slip Op 07100 (App. Div. 2 Dept.; 10/24/18; Balkin, JP, Sgroi, LaSalle, Barros, JJ)

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