Apartment Safe Despite Broken Water Pipe

Facts: A water pipe broke in tenants' apartment, causing serious buckling of floor boards in the master bedroom. Tenants advised landlord and moved the whole family into the living room to sleep, until repairs were made. Five days after the buckling occurred, and before repairs were made, tenant tripped over the buckled floor and injured his knee while taking his bed apart. He had been distracted by his children, who were in the room with him and who began fighting. Tenant sued landlord. After a trial, the jury ruled against tenant. The judge set aside the jury verdict as unreasonable. Landlord appealed. Court: Landlord wins. The question put to the jury was whether the apartment was reasonably safe. The jury ruled that the apartment was reasonably safe despite the floor buckling. Tenant chose to move furniture with full knowledge of the condition and after taking steps to stay out of the bedroom until repairs were made.

Revill v. Boston Post Rd. Development Corp.: NYLJ, 5/7/02, p. 17, col. 3 (App. Div.1 Dept.; Saxe, JP, Buckley, Rubin, Friedman, Marlow, JJ)