Tenant's Door Was Unlockable for Five Weeks

September 30, 1999

LVT Number: 13551

Tenant sued landlord for negligence after she was attacked in her apartment by an intruder. Her apartment door had been unlockable for five weeks after it was forced open by firefighters. Landlord claimed it wasn't responsible for this condition and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Landlord had a duty to take minimal precautions to protect tenant from foreseeable criminal activity.

Tenant sued landlord for negligence after she was attacked in her apartment by an intruder. Her apartment door had been unlockable for five weeks after it was forced open by firefighters. Landlord claimed it wasn't responsible for this condition and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. Landlord had a duty to take minimal precautions to protect tenant from foreseeable criminal activity. Whether landlord knowingly left the door to tenant's apartment damaged and unlockable for five weeks after it was forced open was a question of fact that required a trial.

Daley v. David Feldman Assocs., Inc.: 692 NYS2d 444 (1999) (App. Div.2 Dept.; Miller, JP, Santucci, Schmidt, Smith, JJ)

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