Kitchen Ceiling Fell During Rainstorm

Tenant sued landlord for negligence. Three weeks after she moved into the apartment, the kitchen ceiling fell down on her during a rainstorm. Landlord claimed that it had no prior knowledge of any condition that would have led to the ceiling falling. The court ruled for landlord and dismissed the case. Tenant appealed. At the trial, the building super was asked whether there had been any leak in the apartment before tenant moved in. The super gave a confusing answer, which the judge struck from the record as nonresponsive. The jury even asked the judge about this portion of the record while they were deciding the case. Under the circumstances, a new trial was needed to clarify the issue of whether landlord had prior notice of the leak before the rainstorm.

McCrary v. Trio Assocs. Corp. Exchange Inc.: NYLJ, 5/24/01, p. 22, col. 3 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)