Tenant Robbed in Elevator

April 1, 1993

LVT Number: 6841

Tenant sued landlord for negligence after being robbed in the building's elevator. Landlord asked the court to dismiss the case without a trial. The court refused, and landlord appealed. The appeals court ruled that a trial was necessary. Tenant claimed that the front door of the building had no lock on it for a long time before the attack and that building security was inadequate. The head of security at the 59-building complex had stated in a deposition that there was a lock on the door, but that he'd gotten a complaint about it.

Tenant sued landlord for negligence after being robbed in the building's elevator. Landlord asked the court to dismiss the case without a trial. The court refused, and landlord appealed. The appeals court ruled that a trial was necessary. Tenant claimed that the front door of the building had no lock on it for a long time before the attack and that building security was inadequate. The head of security at the 59-building complex had stated in a deposition that there was a lock on the door, but that he'd gotten a complaint about it. So, questions of fact existed, including whether there was a lock on the front door, warranting a trial.

Lawrence v. Foster Apartments Group: NYLJ, p. 28, col. 1 (3/11/93) (App. T. 2 Dept.; Kassoff, PJ, Joy, Scholnick, JJ)

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