Landlord Not Responsible for Fire

Tenant sued landlord for negligence based on burns and other injuries she suffered while escaping a fire in her apartment. She claimed that landlord failed to install, provide, or maintain smoke detectors and that this contributed to her injuries. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible. The court ruled for landlord. The fire marshal’s report stated that the cause of the fire was tenant’s smoking in the apartment. The report also described the apartment as a “Collyer’s Mansion,” meaning that tenant hoarded trash and debris in the apartment. Tenant also was responsible for maintaining and replacing smoke detectors, which landlord had installed.

Mateo v. Uphattan Corp.: Index No. 109206/2008, NYLJ No. 1202509525728 (Sup. Ct. NY; 7/18/11; York, J)