Landlord Not Responsible for Fire Damage to Apartment

January 1, 2004

LVT Number: 17042

Co-op tenant sued landlord and tenant in the apartment below hers for negligence. Tenant's apartment was damaged after a fire started in downstairs tenant's apartment. Landlord and downstairs tenant asked the court to dismiss the case. The court ruled for landlord. There was no proof that landlord caused or contributed to the damage or that landlord prevented the fire department from responding quickly. The court ruled against downstairs tenant. There were questions of fact about whether downstairs tenant was responsible for the damage to tenant's apartment.

Co-op tenant sued landlord and tenant in the apartment below hers for negligence. Tenant's apartment was damaged after a fire started in downstairs tenant's apartment. Landlord and downstairs tenant asked the court to dismiss the case. The court ruled for landlord. There was no proof that landlord caused or contributed to the damage or that landlord prevented the fire department from responding quickly. The court ruled against downstairs tenant. There were questions of fact about whether downstairs tenant was responsible for the damage to tenant's apartment.

Webber v. Paduano: NYLJ, 12/5/03, p. 24, col. 1 (SDNY; Lynch, J)

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