Tenant Let Intruders Into Building

June 30, 2004

LVT Number: 17411

Tenant's family sued landlord for negligence after tenant was robbed, shot, and killed in front of the door to his apartment. They claimed that landlord didn't repair a broken lock on the front door of the building, which allowed access to the attackers. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Other tenants who were witnesses submitted sworn statements that they saw tenant use his key to enter the building and that two men followed him in and got on the elevator with him.

Tenant's family sued landlord for negligence after tenant was robbed, shot, and killed in front of the door to his apartment. They claimed that landlord didn't repair a broken lock on the front door of the building, which allowed access to the attackers. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Other tenants who were witnesses submitted sworn statements that they saw tenant use his key to enter the building and that two men followed him in and got on the elevator with him. Tenant's family submitted no contrary witness testimony.

Raghu v. 24 Realty Co.: NYLJ, 6/1/04, p. 26, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Nardelli, Andrias, Sullivan, Gonzalez, JJ)

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