Tenant Claims Building Entrance Door Lock Broken

January 1, 2007

LVT Number: 19333

Tenant sued landlord for negligence after he was attacked in the building. Tenant claimed that his attacker got into the building because the front door lock was broken. Landlord claimed that it was not responsible and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There was some question as to whether the building's entrance door lock was working properly. But landlord's surveillance videotape showed that tenant's attacker followed tenant closely as he entered the building.

Tenant sued landlord for negligence after he was attacked in the building. Tenant claimed that his attacker got into the building because the front door lock was broken. Landlord claimed that it was not responsible and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There was some question as to whether the building's entrance door lock was working properly. But landlord's surveillance videotape showed that tenant's attacker followed tenant closely as he entered the building. The door never closed behind tenant before the attacker got into the building. So tenant could not claim that the attack was caused by a broken door lock.

Felix v. Kraus Management, Inc.: NYLJ, 12/21/06, p. 30, col. 1 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Andrias, Sweeny, Malone, JJ)

Topics

More like this