Tenant Didn't Prove How Burglar Entered Building

LVT Number: 11575

Tenant sued landlord for negligence after his apartment was burglarized. Tenant claimed the burglars got into the building because of a broken front-door lock. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant hadn't proved that the broken lock caused the burglary. There was no proof that the burglar was an intruder rather than another tenant or someone authorized to be in the building.

Tenant sued landlord for negligence after his apartment was burglarized. Tenant claimed the burglars got into the building because of a broken front-door lock. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant hadn't proved that the broken lock caused the burglary. There was no proof that the burglar was an intruder rather than another tenant or someone authorized to be in the building.

Lecaj v. Rukaj: NYLJ, p. 26, col. 1 (6/24/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)