Tenants Attacked in Elevator

August 31, 1999

LVT Number: 13476

Tenants sued landlord for negligence after they were attacked in the building's elevator. Landlord asked the court to dismiss the case without a trial because tenants didn't show that the attacker was an intruder. The court ruled for landlord. Tenants appealed and won. Tenants didn't have to show that the attacker was an intruder to go forward with their case. They claimed that the outdated and defective elevator doors created a known safety threat that could have been fixed at minimal cost.

Tenants sued landlord for negligence after they were attacked in the building's elevator. Landlord asked the court to dismiss the case without a trial because tenants didn't show that the attacker was an intruder. The court ruled for landlord. Tenants appealed and won. Tenants didn't have to show that the attacker was an intruder to go forward with their case. They claimed that the outdated and defective elevator doors created a known safety threat that could have been fixed at minimal cost. Tenants presented a factual question as to whether landlord was negligent and whether landlord's negligence caused their injuries.

Jiggets v. NYCHA: NYLJ, p 27, col. 1 (8/2/99) (App. Div.1 Dept.; Ellerin, PJ, Nardelli, Williams, Saxe, Friedman, JJ)

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