Tenant Assaulted in Lobby

LVT Number: 12734

Tenant sued landlord for negligence after she walked out of her apartment and was attacked by two people in the lobby of the building. Tenant claimed there was inadequate security in the building. 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 had no proof as to whether the attackers were intruders, other tenants, or people invited into the building. So tenant couldn't prove that landlord's inadequate security caused her injuries.

Tenant sued landlord for negligence after she walked out of her apartment and was attacked by two people in the lobby of the building. Tenant claimed there was inadequate security in the building. 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 had no proof as to whether the attackers were intruders, other tenants, or people invited into the building. So tenant couldn't prove that landlord's inadequate security caused her injuries.

Hunter v. Creative Housing Ltd.: NYLJ, p. 28, col. 5 (10/30/98) (App. Div. 2 Dept.; Mangano, PJ, Rosenblatt, Ritter, Altman, JJ)