Tenant Assaulted in Stairway

April 1, 1996

LVT Number: 10469

Tenant sued landlord for negligence after she was assaulted by several men in her building's stairway. Tenant saw the men loitering in the lobby when she came into the building and took the stairs rather than the elevator. She was concerned and tried to exit to the third floor to a friend's apartment, but the stairway door to the third floor had no handle. Tenant was then attacked. Tenant made no claim that the front door to the building was defective. Landlord asked the court to dismiss the case. The court ruled against landlord, and landlord appealed.

Tenant sued landlord for negligence after she was assaulted by several men in her building's stairway. Tenant saw the men loitering in the lobby when she came into the building and took the stairs rather than the elevator. She was concerned and tried to exit to the third floor to a friend's apartment, but the stairway door to the third floor had no handle. Tenant was then attacked. Tenant made no claim that the front door to the building was defective. Landlord asked the court to dismiss the case. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. There were factual questions as to whether landlord's negligence caused tenant's injury. A trial was needed.

Fontanez v. NYC Housing Authority: NYLJ, p. 27, col. 1 (3/4/96) (App. Div. 1 Dept.; Ellerin, JP, Kupferman, Ross, Williams, Tom, JJ)

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