Tenant Shot in Building Hallway

April 1, 1996

LVT Number: 10466

Tenant sued landlord for negligence after an intruder shot him in the hallway of his apartment building. Tenant claimed the man gained access because of landlord's failure to maintain entrance door locks and to provide reasonable building security. Tenant asked landlord to produce the two maintenance workers who had worked on the entrance door locks. Landlord instead sent the workers' supervisor to be a witness. The court ordered that the two workers give statements, and landlord appealed. The appeals court ruled against landlord.

Tenant sued landlord for negligence after an intruder shot him in the hallway of his apartment building. Tenant claimed the man gained access because of landlord's failure to maintain entrance door locks and to provide reasonable building security. Tenant asked landlord to produce the two maintenance workers who had worked on the entrance door locks. Landlord instead sent the workers' supervisor to be a witness. The court ordered that the two workers give statements, and landlord appealed. The appeals court ruled against landlord. Tenant showed good reason why these witnesses were necessary to demonstrate the condition of the locks before the attack.

Tolliver v. NYC Housing Authority: NYLJ, p. 27, col. 1 (3/21/96) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Ellerin, Rubin, Williams, JJ)

Topics

More like this