Landlord Had Notice of Condition Leading to Fire

October 31, 2011

LVT Number: #23691

Co-op tenant sued landlord cooperative corporation and an upstairs neighbor after a fire damaged her apartment. The fire started in the upstairs tenant's fireplace.Tenant also claimed additional damage from an air conditioner leak from the neighbor's apartment. Landlord and neighbor both asked the court to dismiss the case without a trial, claiming that they weren't responsible. The court ruled for the neighbor, but not for landlord. Landlord had prior notice of a dangerous condition resulting from the placement of wooden beams directly underneath the fireplace in the neighbor's fireplace.

Co-op tenant sued landlord cooperative corporation and an upstairs neighbor after a fire damaged her apartment. The fire started in the upstairs tenant's fireplace.Tenant also claimed additional damage from an air conditioner leak from the neighbor's apartment. Landlord and neighbor both asked the court to dismiss the case without a trial, claiming that they weren't responsible. The court ruled for the neighbor, but not for landlord. Landlord had prior notice of a dangerous condition resulting from the placement of wooden beams directly underneath the fireplace in the neighbor's fireplace. But the neighbor didn't know. The neighbor also had no notice of the air conditioner leak.

Stipe v. Harbor House Owner's Corp.: Index No. 114130/08, NYLJ No. 120519103171 (Sup. Ct. NY; 9/28/11; Ling-Cohan, J)

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