No Notice of Prior Criminal Activity at Building

January 1, 1997

LVT Number: 11138

Tenant sued landlord for negligence after she was raped in her apartment building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. There was no proof that landlord had notice of prior criminal activity in the building, which would have made the attack on tenant foreseeable. Proof of prior criminal activity in the surrounding neighborhood wasn't sufficient to make a claim against landlord for an attack in the building.

Tenant sued landlord for negligence after she was raped in her apartment building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. There was no proof that landlord had notice of prior criminal activity in the building, which would have made the attack on tenant foreseeable. Proof of prior criminal activity in the surrounding neighborhood wasn't sufficient to make a claim against landlord for an attack in the building.

Mendez v. 441 Ocean Ave. Assocs.: NYLJ, p. 27, col. 4 (12/31/96) (App. Div. 2 Dept.; Miller, JP, Ritter, Sullivan, Friedmann, Krausman, JJ)

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