Landlord Not Liable for Explosion and Fire in Apartment

September 30, 1993

LVT Number: 8207

Tenant's relative sued landlord after tenant was killed in an explosion and fire in her apartment. The court ruled for landlord without a trial, and tenant appealed. The appeals court again ruled for landlord. The fire marshall couldn't figure out the cause of the explosion; there were conflicting possibilities. Even if it was caused by a gas leak, that wasn't enough to blame landlord or the gas company, which was also sued. Tenant never gave landlord or the gas company notice of any possible problem. So, neither of them could be liable.

Tenant's relative sued landlord after tenant was killed in an explosion and fire in her apartment. The court ruled for landlord without a trial, and tenant appealed. The appeals court again ruled for landlord. The fire marshall couldn't figure out the cause of the explosion; there were conflicting possibilities. Even if it was caused by a gas leak, that wasn't enough to blame landlord or the gas company, which was also sued. Tenant never gave landlord or the gas company notice of any possible problem. So, neither of them could be liable.

Mittendorf v. Brooklyn Union Gas Co.: 600 NYS2d 123 (7/6/93) (App. Div. 2 Dept.; Sullivan, JP, Lawrence, Eiber, Ritter, JJ)

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