No Proof that Assailant Was Intruder

April 30, 1998

LVT Number: 12294

Tenant sued landlord for negligence after she was attacked in the building. The court ruled against tenant, and tenant appealed and lost. Tenant had to prove that the attacker gained access to the building through the defective rear door used regularly by tenants and that attacker was someone who wasn't a resident or resident's guest. Tenant's testimony that she'd never seen the attacker in this large building before or after the attack was insufficient proof that the attacker was an intruder.

Tenant sued landlord for negligence after she was attacked in the building. The court ruled against tenant, and tenant appealed and lost. Tenant had to prove that the attacker gained access to the building through the defective rear door used regularly by tenants and that attacker was someone who wasn't a resident or resident's guest. Tenant's testimony that she'd never seen the attacker in this large building before or after the attack was insufficient proof that the attacker was an intruder.

Gomez v. NYCHA: NYLJ, p. 27, col. 1 (4/27/98) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Rubin, Tom, Andrias, JJ)

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