New Trial Ordered on Landlord's Share of Liability

June 30, 1997

LVT Number: 11577

Tenant sued landlord for negligence, claiming landlord was responsible for injuries suffered when she was raped in her apartment. Tenant didn't sue her attacker, even though he was caught, convicted, and serving a prison sentence. The attacker had climbed a tree next to the building and climbed in through tenant's bathroom window. The jury found landlord 75 percent responsible and tenant 25 percent responsible for tenant's injuries. The jury awarded tenant a large sum of damages. Landlord asked the court to set aside the jury verdict.

Tenant sued landlord for negligence, claiming landlord was responsible for injuries suffered when she was raped in her apartment. Tenant didn't sue her attacker, even though he was caught, convicted, and serving a prison sentence. The attacker had climbed a tree next to the building and climbed in through tenant's bathroom window. The jury found landlord 75 percent responsible and tenant 25 percent responsible for tenant's injuries. The jury awarded tenant a large sum of damages. Landlord asked the court to set aside the jury verdict. Landlord argued that the attacker was the truly responsible party and should've been joined in the court case. The court ruled for landlord, set aside the verdict, and ordered a new trial.

Zimmerman v. Nelson: NYLJ, p. 33, col. 2 (6/9/97) (Sup. Ct. Kings; Leventhal, J)

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