Landlord Not Required to Install Radiator Cover

Tenants sued landlord after their 3-year-old son was injured in their apartment. The boy was seriously burned when he climbed up on an uncovered radiator in the bedroom. Before the child was injured, tenants had asked landlord for a radiator cover because they thought the uncovered radiator presented a danger. Landlord refused to provide a cover because of the expense. Landlord asked the court to dismiss the case without trial. The court ruled against landlord, finding that there was a question of fact as to whether landlord breached its duty to maintain tenants' apartment in a safe condition. Landlord appealed. The appeals court, New York's highest court, ruled for landlord, finding no duty under any law or any term of tenants' lease to provide a cover for the radiator. The radiator wasn't defective and didn't require any repair.

Rivera v. Nelson Realty LLC: NYLJ, 10/25/06, p. 28, col. 5 (Ct. App.; Smith, PJ, Kaye, Ciparick, Rosenblatt, Graffeo, Read, JJ)