Landlord Not Responsible for Visitor's Attack on Tenant

Tenant sued a person who attacked her in her apartment building and sued her landlord for negligence. In April 2015, after a night on the town, tenant returned to her building, followed by another woman. The doorman testified that tenant told him they were together. Tenant and the woman went to an unoccupied apartment instead of to tenant's apartment, where the acquaintance attacked and injured tenant. The court granted landlord's request to dismiss the case, finding landlord not responsible for tenant's injuries.

Tenant requested reargument, which the court heard but again ruled for landlord. While there were inconsistencies between the doorman's testimony and video footage, there was no basis for landlord to know or have reason to know that the visitor posed a threat to tenant. Undisputed video surveillance documentation showed both tenant and the visitor waving off the doorman as they entered the lobby, and hugging in the elevator. There was no basis for landlord to know that the visitor was a threat to tenant. 

Denison v. 300 E. 57 St., LLC: Index No. 152848/2016, 2020 NY Slip Op 30948(U)(Sup. Ct. NY; 4/17/20; Chan, J)