Tenant Claims Attackers Were Intruders

Tenant sued landlord for negligence after she was attacked in her building. Landlord claimed that tenant couldn't prove whether her attackers were intruders or other tenants and that there was adequate security at the building. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed and won. The appeals court sent the case back for a trial. The investigating police officer stated that three male intruders had been identified as gang members who had raped and robbed other tenants in the area and that none of them lived in landlord's building. The officer also said that on the day of tenant's attack, the front-door lock to the building was broken. This raised questions of fact concerning whether landlord was negligent.

Cruz v. Gibraltar Investors: NYLJ, p. 26, col. 5 (3/2/98) (App. Div. 1 Dept.; Ellerin, JP, Nardelli, Mazzarelli, Andrias, JJ)