Did Tenant Cause Two Apartment Fires?

January 11, 2013

LVT Number: #24530

Landlord sued to evict tenant for creating a nuisance by starting two apartment fires. The court ruled for landlord without a trial based on Fire Department reports. Tenant appealed, and the case was reopened. There was conflicting evidence as to whether tenant's conduct caused or contributed to the fires and whether tenant prevented the Fire Department from gaining access to the apartment on either occasion. The Fire Department reports landlord relied on weren't sworn statements and didn't conclusively prove tenant was responsible.

Landlord sued to evict tenant for creating a nuisance by starting two apartment fires. The court ruled for landlord without a trial based on Fire Department reports. Tenant appealed, and the case was reopened. There was conflicting evidence as to whether tenant's conduct caused or contributed to the fires and whether tenant prevented the Fire Department from gaining access to the apartment on either occasion. The Fire Department reports landlord relied on weren't sworn statements and didn't conclusively prove tenant was responsible. For instance, one of the reports noted that there was "no flame or smoke showing" after a February 2007 mattress fire.

219 Est 20th Street Corp. v. Leemets: 37 Misc.3d 139(A), 2012 NY Slip Op 52235(U) (App. T. 1 Dept.; 12/11/12; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

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