SMITH v. ABC REALTY CO.


66 Misc.2d 276 (1971)

Janet Smith, Plaintiff, v. ABC Realty Co., Defendant.

Civil Court of the City of New York, Trial Term, New York County.

June 4, 1971


Attorney(s) appearing for the Case

Strauss & Ferdinand for plaintiff. Eichler Merman & Volet for defendant.


MARTIN B. STECHER, J.

At about 5:00 o'clock of the morning of June 20, 1969, the plaintiff, asleep in the bedroom of her "East Village" apartment, was awakened by an unidentified intruder who raped her at knife point. She seeks damages from her landlord as compensation for this assault.

Plaintiff was the sole witness to testify in this case tried without a jury. She testified — and I find — that she lived on the top floor of a five...

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