Landlord Not Liable for Tenant's Injury

April 30, 1999

LVT Number: 13187

Tenant sued landlord for negligence. Tenant had fainted in her bathroom and had been burned by a heat riser that wasn't insulated. The lower court dismissed the case without a trial, and tenant appealed. The appeals court ruled against tenant. The C of O for the building had been issued before city regulations required such insulation. So the regulations didn't apply in this building. And the actual cause of tenant's injury had been her fainting, not any failure by landlord to insulate the heat riser.

Tenant sued landlord for negligence. Tenant had fainted in her bathroom and had been burned by a heat riser that wasn't insulated. The lower court dismissed the case without a trial, and tenant appealed. The appeals court ruled against tenant. The C of O for the building had been issued before city regulations required such insulation. So the regulations didn't apply in this building. And the actual cause of tenant's injury had been her fainting, not any failure by landlord to insulate the heat riser.

Sanchez v. Biordi: NYLJ, p. 27, col. 1 (4/1/99) (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Andrias, Saxe, JJ)

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