Legal Question in Civil Litigation in New York
Apartment Burglery
My apartment was burglarized while I was out of town. It looks by all accounts like an inside job. Specifically, someone took the keys that we leave with the doorman to enter my apartment. Since it was not a forcible entry, we are not covered by insurance. We rent from a corporation that owns many apartments. Our apartment is a condominium and the building is managed by a third party management company. Do we have a claim against anyone for negligence?
We wrote a letter to our landlord and the managment company as their agent asking them to reimburse us for our loss due to their negligence. The landlord claims that since they did not have the key they were not negligent and that the mangement company is not their agent.
3 Answers from Attorneys
Re: Apartment Burglery
First, I do not understand why you would not be covered by insurance. I suggest that you re-read the policy.
Second, assuming that your belief is correct, the doorman was negligent. Who is in charge of the doormen? That is the company that you should seek to sue for negligence.
Mike.
Re: Apartment Burglery
Sounds like anybody may have liability, whether its the landlord, condo or managing agent. In the case of your landlord, if you have a standard written lease, you may have additional leverage. Under Real Property Law Sec. 234, if the landlord has a clause stating that he can cocover fees, then a reciprocal covenant is implied in favor of the tenant, allowing the tenant to recover attorney fees if he prevails in a case against the landlord for breach of the lease. I'm not certain if this applies in the case of suits against a condo board, but it should apply against the landlord.
Re: Apartment Burglery
I received your post on 11-6-2000.
Negligence, to be shown, requires a breach of a duty owed. YOU must prove how entry was gained. The mere fact that it was gained is generally not sufficient to prve negligence.
Good Luck.
RRG
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