Landlord Not Responsible for Apartment Fire

Tenant sued landlord for negligence after being injured in an apartment fire. Landlord claimed that it wasn't responsible for the fire and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The fire marshal found that the fire had started in electrical cords on the floor. Tenant claimed that the fire was caused by an electrical short or faulty electrical system, and that her injuries were worsened by the absence of a working smoke detector and a defect in the front door that prevented her from escaping. Tenant submitted no proof to support her claim that the electrical system was defective. The fire marshal's report showed there was no question of fact about the cause of the fire. Tenant also showed no proof to contradict landlord's claim that it had installed a working smoke detector in the apartment. And tenant showed no proof that there was any defect in the door or that it prevented her from getting out of the apartment.

Robertson v. NYCHA: NYLJ, 1/26/09, p. 28, col. 6 (App. Div. 1 Dept.; Tom, JP, Andrias, Nardelli, Catterson, Moskowitz, JJ)