Apartment Wall Falls in on Tenant

September 30, 2008

LVT Number: #20724

Tenant sued landlord for breach of warranty of habitability and negligence. A portion of the wall of tenant's apartment fell in on him. Tenant claimed that landlord's negligence caused him physical injuries. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for landlord in part. The lower court correctly dismissed tenant's claim of breach of the implied warranty of habitability. The facts didn't support this claim.

Tenant sued landlord for breach of warranty of habitability and negligence. A portion of the wall of tenant's apartment fell in on him. Tenant claimed that landlord's negligence caused him physical injuries. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for landlord in part. The lower court correctly dismissed tenant's claim of breach of the implied warranty of habitability. The facts didn't support this claim. However, if tenant's claims about his injuries proved to be true, he could have a claim for negligence. The case was reopened and sent back for trial.

Breytman v. Olinville Realty, LLC: NYLJ, 9/15/08, p. 30, col. 3 (App. Div. 2 Dept.; Fisher, JP, Covello, Angiolillo, Belen, JJ)

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