Tenant Assaulted in Elevator

December 1, 1994

LVT Number: 9278

Tenants sued landlord for negligence after their daughter was assaulted in the building's elevator. Tenants argued that the lack of an intercom system had contributed to their daughter's assault. Landlord asked the court to dismiss the case. Landlord argued that at the time of the assault, the lock to the lobby door was working and a buzzer system was operating to allow entry into the building. The court refused to dismiss the case, and landlord appealed. The appeals court ruled for landlord. The assault wasn't caused by the absence of an intercom.

Tenants sued landlord for negligence after their daughter was assaulted in the building's elevator. Tenants argued that the lack of an intercom system had contributed to their daughter's assault. Landlord asked the court to dismiss the case. Landlord argued that at the time of the assault, the lock to the lobby door was working and a buzzer system was operating to allow entry into the building. The court refused to dismiss the case, and landlord appealed. The appeals court ruled for landlord. The assault wasn't caused by the absence of an intercom. And tenant didn't show that prior criminal activity in the building had made the assault foreseeable.

Mkrtchyan v. 61st Woodside Associates: NYLJ, p. 34, col. 1 (11/21/94) (App. Div. 2 Dept.; Sullivan, JP, Ritter, Pizzuto, Hart, JJ)

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