Landlord Not Responsible for Fire Damage

June 30, 2010

LVT Number: #22745

Tenant sued landlord for negligence and breach of warranty of quiet enjoyment after a fire in the building forced tenant to vacate temporarily. The court granted landlord’s request to dismiss the case without a trial. Tenant appealed and lost. The fire wasn’t caused by landlord, but by an upstairs tenant’s failure to clean accumulated lint inside a clothing dryer in the apartment. Landlord had restored tenant's apartment, and he had moved back in. Landlord wasn’t responsible for the cost of tenant's furniture, fixtures, equipment, or improvements.

Tenant sued landlord for negligence and breach of warranty of quiet enjoyment after a fire in the building forced tenant to vacate temporarily. The court granted landlord’s request to dismiss the case without a trial. Tenant appealed and lost. The fire wasn’t caused by landlord, but by an upstairs tenant’s failure to clean accumulated lint inside a clothing dryer in the apartment. Landlord had restored tenant's apartment, and he had moved back in. Landlord wasn’t responsible for the cost of tenant's furniture, fixtures, equipment, or improvements.

Adika v. Dramitinos: 2010 WL 2325361, 2010 N.Y. Slip Op. 04937 (6/8/10) (App. Div. 2 Dept.; Fisher, JP, Covello, Hall, Sgroi, JJ)

Topics

More like this