In Kielbasa v. Stonehurst III Association , Michelle Kielbasa sued her landlord after she was attacked in her apartment by an "intruder."
When the Suffolk County Supreme Court denied Stonehurst's motion to dismiss the case, an appeal to the Appellate Division, Second Department, followed.
The AD2 found that Kielbasa failed to establish that her landlord had breached a duty to provide adequate security.
In order to recover damages for her injuries, Kielbasa needed to show that "the owner knew or should have known of the probability of criminal conduct … likely to endanger the safety of those lawfully on the premises." Despite prior "nonviolent offenses" -- such as "peeping Toms, trespassers," and other activities which required "police intervention" -- the AD2 didn't believe those incidents were enough to put Stonehurst on notice that a violent attack could occur on the premises.
With that, Kielbasa's case was cooked.
To download a copy of the Appellate Division's decision, please use this link: Kielbasa v. Stonehurst III Association