GIBBS v. DIAMOND


256 A.D.2d 266 (1998)

682 N.Y.S.2d 181

SANDRA GIBBS, Appellant, v. DAVID T. DIAMOND et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 29, 1998.


Plaintiff, who was a guest in defendants' building, alleges that a person who turned out to be a building tenant attacked her in a hallway and then dragged her to an unlocked, vacant apartment nearby where he completed the attack. She seeks to recover on the theory that the unlocked, vacant apartment was a lapse of building security that proximately caused her injuries.

Generally, a landlord is "responsible for and presumed to be capable of maintaining his premises...

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