Landlord Not Responsible for Death or Injury to Tenant During Fire

December 1, 2011

LVT Number: #23754

Tenant and her roommate's family sued landlord in separate actions that were combined by the court. In 2007, a fire broke out in tenant's apartment. She was injured, and her roommate died. Tenant claimed negligence. The roommate's family claimed wrongful death. Both claimed that landlord failed to provide a working smoke detector in the apartment. Landlord claimed that it wasn't responsible and asked the court to dismiss the case. The court ruled for landlord. Tenant and roommate's family appealed and lost.

Tenant and her roommate's family sued landlord in separate actions that were combined by the court. In 2007, a fire broke out in tenant's apartment. She was injured, and her roommate died. Tenant claimed negligence. The roommate's family claimed wrongful death. Both claimed that landlord failed to provide a working smoke detector in the apartment. Landlord claimed that it wasn't responsible and asked the court to dismiss the case. The court ruled for landlord. Tenant and roommate's family appealed and lost. In pretrial questioning, both the building super and tenant stated that there was a working smoke detector in the apartment when tenant moved in.

Curry v. 1716 Avenue Realty LLC: 2011 NY Slip Op 08554, 2011 WL 5865855 (App. Div. 2 Dept.; 11/22/11; Rivera, JP, Angiolillo, Belen, Roman, JJ)

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