Fire in Tenant's Apartment Caused by Cigarettes

Tenant's guest sued landlord for damages after she was injured in a fire in tenant's apartment. Tenant claimed that the fire was caused by defective and inadequate electrical wiring, outlets, and smoke detectors, and that the apartment's self-closing doors didn't work properly. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. The appeals court found that there was no proof that landlord was responsible for the fire. The Fire Marshal found that the fire was accidental and started in some papers on the couch in the apartment. Another apartment guest had slept on the couch and smoked cigarettes there. There was no proof that any defective wiring contributed to the fire. In addition, the smoke detector was working, and the apartment door was closed when firefighters arrived.

Graham v. NYCHA: NYLJ, 7/9/07, p. 31, col. 2 (App. Div. 1 Dept.; Tom, JP, Williams, Buckley, Gonzalez, Sweeny, JJ)