Tenant Attacked in Apartment

February 1, 1997

LVT Number: 11210

Tenant sued landlord for negligence after she was attacked by an intruder during the early morning hours in her second-floor apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. There were factual questions that required a trial. Tenant claimed there was insufficient light in the backyard of the building in violation of the Multiple Dwelling Law. So there was some question as to whether landlord provided adequate security.

Tenant sued landlord for negligence after she was attacked by an intruder during the early morning hours in her second-floor apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. There were factual questions that required a trial. Tenant claimed there was insufficient light in the backyard of the building in violation of the Multiple Dwelling Law. So there was some question as to whether landlord provided adequate security.

Tensen v. F&M Realty Co.: NYLJ, p. 27, col. 1 (1/16/97) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Rosenberger, Rubin, JJ)

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