Landlord Not Responsible for Broker's Injury in Vacant Apartment

A real estate broker sued landlord for negligence. He had traveled to landlord's building to show an apartment to prospective tenant. While waiting, he entered another vacant apartment to take photographs for future use. While in the apartment, he heard a window crack and when he turned to look, a portion of the window glass fell toward his face. He raised his arm to protect himself, and the shattering glass badly cut his hand. After pretrial questioning, landlord asked the court to dismiss the case. The court ruled against landlord, who appealed and won. Landlord had no notice of any defect in the window. At least five other realtors and 15 prospective tenants had entered the same apartment and none had complained to landlord of any condition. There was no proof that landlord either created the window defect or had any notice of it before the broker was injured.

Pintor v. 122 Water Realty, LLC: NYLJ, 12/12/11, p. 18, col. 5 (App. Div. 1 Dept.; Friedman, JP, Catterson, Moskowitz, Freedman, Abdus-Salaam, JJ)