Super Attacked in Lobby

Tenant, who was also the building super, was attacked and robbed in the building lobby by several individuals who beat him with a baseball bat. Tenant sued landlord for negligence, claiming that the attackers were able to enter the lobby without a key because of a defective front door lock. 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. Tenant had no proof of prior criminal activity at the building that would have put landlord on notice that increased security was needed. Also, tenant couldn't show that the attackers were intruders. His back was turned away from the front door, and he didn't see them until they were inside the building. Tenant didn't know all of the other tenants, and there were 97 apartments in the building.

Soto v. 2101 Realty Co.: NYLJ, p. 39, col. 2 (12/6/99) (App. Div.2 Dept.; Miller, JP, Altman, Schmidt, Smith, JJ)