Outer Entrance Door Locks Removed

Facts:Tenant sued landlord for negligence after he was shot by an intruder. Tenant claimed that landlord was responsible for his injuries because landlord had removed the outer entrance door locks sometime before the shooting occurred. In a separate case, the DRA had given tenant a rent cut for reduced services based on the removal of the locks. Tenant argued that the rent cut meant that landlord wasn't providing adequate security in the building. Landlord asked the court to dismiss the case, arguing that tenant's injuries were due to the unforeseeable act of a stranger. Landlord also argued that the security measures in the apartment complex met the standards required by law. Court:A trial is required to determine whether landlord was negligent. The court also ruled that the rent cut proved that the lock removal made security inadequate. So, landlord can't use that defense at the trial

Elie v. Kraus: NYLJ, p. 28, col. 1 (1/18/95) (Sup. Ct. NY; Miller, J)