Landlord Not Responsible for Subtenant's Bathtub Injury

Subtenant sued landlord for negligence after he fell while exiting the bathtub in tenant's apartment. He claimed that the water became extremely hot while he was in the shower and he fell when he pulled the shower curtain while trying to get out of the tub. Tenant was a women's shelter organization that managed the building and rented apartments to subtenants. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord wasn't responsible for subtenant's injuries. After landlord rented the apartment to tenant, landlord was only required to repair or replace the boiler upon written notice from tenant. Landlord got no notice of any boiler conditions or needed repairs from tenant, and tenant was otherwise responsible for maintaining the apartment in good condition.

Roman v. Junius-Liberty Development, LLC: 121 A.D.3d 774, 2014 NY Slip Op 06810 (App. Div. 2 Dept.; 10/8/14; Skelos, JP, Chambers, Lott, Duffy, JJ)