Tenant Claims Burglary Was Inside Job

May 31, 2000

LVT Number: 14134

Tenant of a high-security cooperative building sued landlord after his apartment was burglarized. Only tenant and landlord had copies of the apartment key, and there was no forced entry. Jewelry, silver, and antique rugs were stolen. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court dismissed the case. While tenant claimed that the burglar must have gotten in with the spare key, he offered no proof of the burglar's identity, how he got into the building, or how landlord might have been responsible.

Tenant of a high-security cooperative building sued landlord after his apartment was burglarized. Only tenant and landlord had copies of the apartment key, and there was no forced entry. Jewelry, silver, and antique rugs were stolen. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court dismissed the case. While tenant claimed that the burglar must have gotten in with the spare key, he offered no proof of the burglar's identity, how he got into the building, or how landlord might have been responsible. Tenant claimed only that landlord's employees must have let the burglar in, but didn't claim that landlord knew or should have known that any of its employees would engage in conduct that would cause the burglary.

Sakhai v. 411 E. 57th St. Corp.: NYLJ, 5/30/00, p. 22, col. 1 (App. Div.1 Dept.; Sullivan, PJ, Ellerin, Lerner, Buckley, JJ)

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