Tenant Claims Broken Lock Caused Injuries

April 1, 1998

LVT Number: 12220

Tenant sued landlord for negligence after she was attacked in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and lost. Tenant's attacker wasn't another tenant. Tenant stated in response to pretrial questioning that her attacker had been loitering in front of the building when she got home and that he followed her through a lobby door that had a broken lock. These statements raised questions of fact that required a trial.

Tenant sued landlord for negligence after she was attacked in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and lost. Tenant's attacker wasn't another tenant. Tenant stated in response to pretrial questioning that her attacker had been loitering in front of the building when she got home and that he followed her through a lobby door that had a broken lock. These statements raised questions of fact that required a trial.

Henderson v. NYCHA: NYLJ, p. 26, col. 4 (3/12/98) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Nardelli, Wallach, JJ)

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