Tenant Assaulted in Apartment

March 1, 2000

LVT Number: 13907

Tenant sued landlord for negligence after he was attacked in his apartment by unknown intruders. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenant claimed that landlord didn't repair the front door lock and intercom system at the main entrance of the building. But tenant didn't show that he wouldn't have been attacked if the door lock and intercom had been working. So landlord's actions weren't the cause of tenant's injuries.

Tenant sued landlord for negligence after he was attacked in his apartment by unknown intruders. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenant claimed that landlord didn't repair the front door lock and intercom system at the main entrance of the building. But tenant didn't show that he wouldn't have been attacked if the door lock and intercom had been working. So landlord's actions weren't the cause of tenant's injuries.

Latini v. Auburn Leasing Corp.: 700 NYS2d 66 (App. Div.2 Dept. 1999; Miler, JP, Thompson, Krausman, Florio, Schmidt, JJ)

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