In Maria T. v. New York Holding Co. , Maria sued her landlord after she was raped by a trespasser.
One afternoon, an unknown man entered the building immediately after her. Although he passed Maria on the staircase, when she opened her apartment door, the man rushed down the stairs, pushed her into the unit, and sexually assaulted her.
Maria alleged New York Holding hadn't adequately secured the building because it hadn't fixed a broken front door lock. When the Bronx County Supreme Court denied the owner's dismissal request, the company appealed to the Appellate Division, First Department, which thought the assault wasn't "reasonably predictable."
While there was criminal activity in the area, none was similar to the attack perpetrated in this instance. And, although it was conceivable that Maria "might be subject to a sexual assault" that wasn't the same as "foreseeability."
That one was conceivable and foreseeable.
To download a copy of the Appellate Division's decision, please use this link: Maria T. v. New York Holding Co.