Tenant Assaulted in Building

June 30, 1998

LVT Number: 12439

Tenant sued landlord for negligence after she was assaulted in her apartment building. Tenant claimed that the intruders got into the building without using a key because the interior lobby door was broken. Landlord claimed that because there was no proof of prior criminal activity in the building, it wasn't responsible for providing addition security at the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord.

Tenant sued landlord for negligence after she was assaulted in her apartment building. Tenant claimed that the intruders got into the building without using a key because the interior lobby door was broken. Landlord claimed that because there was no proof of prior criminal activity in the building, it wasn't responsible for providing addition security at the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Although there was insufficient proof of prior criminal activity at the building, landlord was still required by law to properly maintain a locked inner lobby door. Landlord may have been negligent, and a trial was needed to determine the facts.

Ragona v. Hamilton Hall Realty: NYLJ, p. 32, col. 4 (6/15/98) (App. Div. 2 Dept.; Sullivan, JP, Joy, Krausman, Florio, JJ)

Topics

More like this