Tenants Attacked in Vestibule

LVT Number: 12004

Facts: While tenants were on vacation, another tenant was robbed on the sidewalk near the building. This tenant's keys and identification were stolen. Landlord immediately changed the building's front-door lock, advised all tenants to change their locks, and hired a security guard for a few days. Tenants returned from vacation late one night after the security guard was no longer at the building and were unable to open the front door because the lock had been changed. While they were in the vestibule, they were attacked and robbed. Tenants sued landlord for negligence.

Facts: While tenants were on vacation, another tenant was robbed on the sidewalk near the building. This tenant's keys and identification were stolen. Landlord immediately changed the building's front-door lock, advised all tenants to change their locks, and hired a security guard for a few days. Tenants returned from vacation late one night after the security guard was no longer at the building and were unable to open the front door because the lock had been changed. While they were in the vestibule, they were attacked and robbed. Tenants sued landlord for negligence. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. Court: Landlord wins. The attack on tenants wasn't foreseeable. Even if there had been other robberies in the neighborhood, landlord's responsibility pertained only to its building, which had an excellent security record. The attack wasn't caused by breach of building security.

Todorovich v. Columbia University: NYLJ, p. 25, col. 4 (12/11/97) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Wallach, Nardelli, Mazzarelli, JJ)