Landlord Not Liable for Fire-Related Injuries

May 31, 2006

LVT Number: 18883

Tenant sued landlord based on injuries and property damage caused by a fire in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. The fire occurred when a halogen lamp came into contact with bedding in basement tenant's apartment. Since the cause of the fire didn't involve the building's structure, landlord wasn't responsible.

Tenant sued landlord based on injuries and property damage caused by a fire in the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. The fire occurred when a halogen lamp came into contact with bedding in basement tenant's apartment. Since the cause of the fire didn't involve the building's structure, landlord wasn't responsible.

Reichberg v. Lemel: NYLJ, 5/17/06, p. 33, col. 1 (App. Div. 2 Dept.; Schmidt, JP, Crane, Spolzino, Covello, JJ)

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