Tenant Claims Inner Door Defective

April 30, 1996

LVT Number: 10545

Tenant was attacked in building and sued landlord for negligence. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Factual issues required a trial. There was a question as to whether the self-closing feature of the building's inner door had been improperly maintained. Tenant claimed that the attackers had enough time to approach the building from some distance and gain entry before the door closed.

Tenant was attacked in building and sued landlord for negligence. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Factual issues required a trial. There was a question as to whether the self-closing feature of the building's inner door had been improperly maintained. Tenant claimed that the attackers had enough time to approach the building from some distance and gain entry before the door closed. And it wasn't clear whether it was possible for the door to have been closed faster manually.

Heras v. Valentine Ave. Housing Development Fund Corp.: NYLJ, p. 27, col. 5 (4/4/96) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Rubin, Mazzarelli, JJ)

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