Landlord Not Responsible for Injury Caused by Window that Slammed Shut

December 17, 2017

LVT Number: #28079

Tenant's son sued landlord for negligence in inspecting, maintaining, and repairing an apartment window. He claimed that the window slammed shut almost immediately after he had opened it, severing the tip of his left ring finger. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord demonstrated that it didn't create the window condition and didn't have notice of it before tenant's son was injured.

Tenant's son sued landlord for negligence in inspecting, maintaining, and repairing an apartment window. He claimed that the window slammed shut almost immediately after he had opened it, severing the tip of his left ring finger. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord demonstrated that it didn't create the window condition and didn't have notice of it before tenant's son was injured. Landlord had repaired the window following inspection more than a year before the incident, and received no further complaints about the windows in the apartment.

Cotto v. NYCHA: 64 N.Y.S.3d 120, 2017 NY Slip Op 08258 (App. Div. 2 Dept.; 11/22/17; Eng, PJ, Rivera, Roman, Connelly, JJ)

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