Tenant Didn't Prove How Assailant Entered Building
LVT Number: 12149
Tenant sued landlord for negligence after she was attacked in the building. Tenant claimed that the attacker must have entered the building lobby through the unlocked front door rather than from the interior stairwell or the elevator. Tenant claimed she didn't hear the interior door and didn't see light from the elevator. The court ruled against landlord, and tenant appealed and lost. Tenant didn't offer sufficient proof of her claim that the attacker was an intruder who gained access through the unlocked door rather than another building resident or someone invited in by another tenant.
Bennett v. Twin Parks Northeast Houses: NYLJ, p. 26, col. 4 (2/5/98) (App. Div. 1 Dept.; Sullivan, JP, Wallach, Williams, Andrias, JJ)