Visitor Attacked in Building

January 1, 1997

LVT Number: 11140

A visitor sued landlord after he was attacked in the apartment building's staircase. The court dismissed the case without a trial, and the visitor appealed. The appeals court again ruled against the visitor. The visitor claimed that the attacker wasn't a tenant and that the front door lock was broken. To legally make a negligence claim based on inadequate security, the visitor must prove that the attacker was an intruder. The visitor had no proof of this. He had initially claimed that he saw no one until he was struck in the staircase.

A visitor sued landlord after he was attacked in the apartment building's staircase. The court dismissed the case without a trial, and the visitor appealed. The appeals court again ruled against the visitor. The visitor claimed that the attacker wasn't a tenant and that the front door lock was broken. To legally make a negligence claim based on inadequate security, the visitor must prove that the attacker was an intruder. The visitor had no proof of this. He had initially claimed that he saw no one until he was struck in the staircase.

Mack v. NYCHA: NYLJ, p. 26, col. 1 (12/12/96) (App. Div. 1 Dept.; Murphy, PJ, Ross, Tom, Mazarelli, Andrias, JJ)

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