Landlord Claims Tenant Caused Fire

LVT Number: 13836

Tenant sued landlord for negligence after a fire occurred in his apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. The fire marshal's report indicated that faulty and cut wiring in a lamp that belonged to tenant probably caused the fire. But there was also proof of recurring electrical problems in the apartment's fuse box. These could have contributed to the cause of the fire. So there were questions of fact that required a trial.

Tenant sued landlord for negligence after a fire occurred in his apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. The fire marshal's report indicated that faulty and cut wiring in a lamp that belonged to tenant probably caused the fire. But there was also proof of recurring electrical problems in the apartment's fuse box. These could have contributed to the cause of the fire. So there were questions of fact that required a trial.

Bullard v. NYCHA: NYLJ 1/24/00, p. 29, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)