Tenant Didn't Show How Assailant Gained Access to Building

September 30, 1996

LVT Number: 10904

Tenant sued landlord, claiming landlord was responsible for her being assaulted in building. Tenant claimed that the assailant gained access to the building because the front door lock didn't work or due to inadequate security. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and ruled for landlord, dismissing the case. Tenant's assailant, caught on the day of the incident, was another tenant in the apartment complex.

Tenant sued landlord, claiming landlord was responsible for her being assaulted in building. Tenant claimed that the assailant gained access to the building because the front door lock didn't work or due to inadequate security. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and ruled for landlord, dismissing the case. Tenant's assailant, caught on the day of the incident, was another tenant in the apartment complex. Tenant didn't prove that the assailant entered the building during a half hour gap in security patrols. And the automatic door lock and intercom system in the buildings provided adequate security.

Hochberg v. Riverbay Corp.: NYLJ, p. 25, col. 1 (9/3/96) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Rosenberger, Nardelli, Tom, JJ)

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