Kitchen Cabinet Fell on Tenant

June 30, 2007

LVT Number: #19715

Tenant sued landlord and construction company after tenant was injured in her apartment when a kitchen cabinet fell on her. Landlord asked the court to dismiss the case against it without a trial. The court and appeals court ruled against landlord. There were factual questions as to whether the independent contractor hired by landlord created the condition that caused the kitchen cabinet to fall. Under Multiple Dwelling Law Section 78, landlord has a duty that it can't delegate to its contractor to maintain the apartment in good repair.

Tenant sued landlord and construction company after tenant was injured in her apartment when a kitchen cabinet fell on her. Landlord asked the court to dismiss the case against it without a trial. The court and appeals court ruled against landlord. There were factual questions as to whether the independent contractor hired by landlord created the condition that caused the kitchen cabinet to fall. Under Multiple Dwelling Law Section 78, landlord has a duty that it can't delegate to its contractor to maintain the apartment in good repair. If the contractor caused the condition, landlord might be responsible.

Franco v. P&M Management Realty Corp.: NYLJ, 6/21/07, p. 25, col. 4 (App. Div. 1 Dept.; Marlow, JP, Williams, Gonzalez, Catterson, McGuire, JJ)

Topics

More like this