Did Landlord Install Smoke Detector in Apartment?

April 25, 2017

LVT Number: #27608

Tenant sued landlord for negligence, claiming that landlord was responsible for tenant’s injuries in an apartment fire. Tenant woke up to find that his living room was on fire and had to run through the flames to exit through the apartment’s front door. The court granted landlord’s request to dismiss the case without a trial. Tenant appealed, and the case was reopened. Landlord’s contradictory proof as to whether it installed a smoke detector in tenants’ apartment left open questions of fact that required a trial.

Tenant sued landlord for negligence, claiming that landlord was responsible for tenant’s injuries in an apartment fire. Tenant woke up to find that his living room was on fire and had to run through the flames to exit through the apartment’s front door. The court granted landlord’s request to dismiss the case without a trial. Tenant appealed, and the case was reopened. Landlord’s contradictory proof as to whether it installed a smoke detector in tenants’ apartment left open questions of fact that required a trial. There were also questions as to whether the absence of a smoke detector was the cause of tenant’s injuries. 

 

 

 
Cristescu v. Gasparis: 47 N.Y.S.3d 738, 2017 NY Slip Op 01531 (App. Div. 2 Dept.; 3/1/17; Leventhal, JP, Roman, Sgron, Connolly, JJ)

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