Tenants Didn't Prove Assailants Were Intruders

LVT Number: 11865

Tenant sued landlord for negligence based on inadequate security measures after being attacked in the building. Tenant claimed attackers weren't building residents or guests of other tenants. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant didn't prove that attackers were intruders. He merely assumed they were because he didn't recognize them.

Tenant sued landlord for negligence based on inadequate security measures after being attacked in the building. Tenant claimed attackers weren't building residents or guests of other tenants. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant didn't prove that attackers were intruders. He merely assumed they were because he didn't recognize them.

Fowler v. NYCHA: NYLJ, p. 25, col. 1 (10/14/97) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Wallach, Nardelli, Mazzarelli, JJ)