Tenant Assaulted in Building

April 1, 1999

LVT Number: 13108

Tenant sued landlord for negligence after she was assaulted in her building's staircase. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord admitted that the front door lock wasn't working and that the bell buzzer/intercom system was defective. A tenants' patrol had been stationed in the building's lobby, so this was likely a high crime area, which raised an issue as to whether landlord was providing adequate security under the circumstances.

Tenant sued landlord for negligence after she was assaulted in her building's staircase. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord admitted that the front door lock wasn't working and that the bell buzzer/intercom system was defective. A tenants' patrol had been stationed in the building's lobby, so this was likely a high crime area, which raised an issue as to whether landlord was providing adequate security under the circumstances. And, while it was possible that someone else let the attacker into the building, whether he was a visitor or an intruder was a question of fact that required a trial.

Roberson v. City of New York: NYLJ, p. 31, col. 2 (3/18/99) (App. T. 2 Dept.; Kassoff, PJ, Schonick, Patterson, JJ)

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