Tenant Didn't Show How Assailant Got into Building

LVT Number: 10468

Tenant sued landlord for negligence after he was assaulted in landlord's building. The court ruled against tenant and dismissed the case without a trial. Tenant appealed. The appeals court ruled against tenant. Tenant claimed that the assailant gained access to the building because of a broken front-door lock or other failure of building security. But tenant presented no proof.

Tenant sued landlord for negligence after he was assaulted in landlord's building. The court ruled against tenant and dismissed the case without a trial. Tenant appealed. The appeals court ruled against tenant. Tenant claimed that the assailant gained access to the building because of a broken front-door lock or other failure of building security. But tenant presented no proof.

McNeil v. NYC Housing Authority: NYLJ, p. 27, col. 3 (3/14/96) (App. Div. 1 Dept.; Wallach, JP, Ross, Nardelli, Williams, Mazzarelli, JJ)