Landlord Not Responsible for Apartment Fire

March 1, 2001

LVT Number: 14784

Facts: Tenant's daughter sued landlord for negligence after tenant died from injuries from a fire in the apartment. Tenant's daughter claimed that painters were smoking in the apartment and that there was no smoke detector. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. Court: Landlord wins. There was no proof at all that the painters were even in the apartment on the day of the fire. There was proof that landlord previously had installed a smoke detector in the apartment. Tenant was responsible for maintaining it.

Facts: Tenant's daughter sued landlord for negligence after tenant died from injuries from a fire in the apartment. Tenant's daughter claimed that painters were smoking in the apartment and that there was no smoke detector. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. Court: Landlord wins. There was no proof at all that the painters were even in the apartment on the day of the fire. There was proof that landlord previously had installed a smoke detector in the apartment. Tenant was responsible for maintaining it. Landlord wasn't liable for the fire in the circumstances of this case.

Acevedo v. Audubon Mgmt., Inc.: NYLJ, 2/27/01, p. 17, col. 3 (App. Div.1 Dept.; Sullivan, PJ, Rosenberger, Mazzarelli, Rubin, Buckley, JJ)

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