Landlord Had No Duty to Install Radiator Covers

March 31, 2009

LVT Number: #21134

Tenant sued landlord for damages. She claimed that her child was burned by an exposed radiator in their apartment. Landlord asked the court to dismiss the case without a trial, claiming that it had no responsibility to provide radiator covers. The court ruled against landlord. Landlord appealed and won. There was no claim that the radiator was defective.

Tenant sued landlord for damages. She claimed that her child was burned by an exposed radiator in their apartment. Landlord asked the court to dismiss the case without a trial, claiming that it had no responsibility to provide radiator covers. The court ruled against landlord. Landlord appealed and won. There was no claim that the radiator was defective. Tenant claimed that her lease required landlord to make sure that the apartment was "fit for habitation" and that there were "no conditions dangerous to health, life, or safety." However, this language merely repeats the language of Real Property Law Section 235-b. Any breach of that law didn't create a claim to recover damages for personal injuries. Neither the law nor tenant's lease created any duty on landlord to install radiator covers.

Utkan v. Szuwala: 2009 WL 613884 (3/10/09) (App. Div. 2 Dept.; Spolzino, JP, Ritter, Miller, Balkin, JJ)

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