Landlord Claims Tenant Caused Fire

March 1, 1998

LVT Number: 12197

Landlord sued to evict tenant for nuisance, claiming that tenant or her subtenants started a fire in her apartment. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant, and tenant appealed and won. Landlord then appealed. The higher appeals court ruled against landlord. Landlord's claim that tenant or her subtenants had plugged extension cords into electrical sockets in the apartment, thereby causing a fire, was insufficient to make a claim for a nuisance or malicious or grossly negligent conduct under the Rent Stabilization Code.

Landlord sued to evict tenant for nuisance, claiming that tenant or her subtenants started a fire in her apartment. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant, and tenant appealed and won. Landlord then appealed. The higher appeals court ruled against landlord. Landlord's claim that tenant or her subtenants had plugged extension cords into electrical sockets in the apartment, thereby causing a fire, was insufficient to make a claim for a nuisance or malicious or grossly negligent conduct under the Rent Stabilization Code.

Vukovic v. Wilson: 666 NYS2d 115 (12/2/97) (App. Div. 1 Dept.; Murphy, PJ, Nardelli, Williams, Colabella, JJ)

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