No Proof of How Assailant Entered Building

January 1, 1998

LVT Number: 12006

Tenant sued landlord for negligence after she was attacked in the building lobby. She claimed that broken locks caused the attack. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. Tenant presented no proof that the attacker wasn't invited into the building nor any proof as to how the attacker got in. So the broken locks weren't shown to have caused her injuries.

Tenant sued landlord for negligence after she was attacked in the building lobby. She claimed that broken locks caused the attack. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. Tenant presented no proof that the attacker wasn't invited into the building nor any proof as to how the attacker got in. So the broken locks weren't shown to have caused her injuries.

Woodley v. NYCHA: NYLJ, p. 28, col. 5 (12/29/97) (App. Div. 2 Dept.; Bracken, JP, Copertino, Thompson, Luciano, JJ)

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