Air Conditioner Fell from Apartment Window

Passerby sued landlord of condominium building for negligence. She was injured when an air conditioner fell out of a third-floor apartment window. Passerby claimed that the unit was installed negligently. Landlord claimed that apartment owner was responsible for injuries, not condominium. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. There were questions of fact concerning whether the air conditioner was negligently installed, whether landlord had notice of this, and whether any agreement between landlord and apartment owner excused landlord from liability.

Spanbock v. The Fifty-Fourth St. Condominium: NYLJ, 1/20/04, p. 26, col. 5 (App. Div. 1 Dept.; Tom, JP, Williams, Marlow, Gonzalez, JJ)