Landlord Not Responsible for Tenant's Death During Heat Wave

Disabled, wheelchair-bound tenant suffered a heat stroke and died in June 2008. His family sued landlord, claiming that landlord was responsible for tenant's death. Landlord was in the process of changing the building's central heating and air conditioning system over to air conditioning, and the family argued that landlord negligently delayed the start of the changeover process even though a heat wave was forecast. At the same time landlord barred tenants from using individual air conditioners.

The court granted landlord's request to dismiss the case. Tenant's family appealed and lost. Landlord explained that the seasonal changeover process began every year no earlier than May 31 and that it was completed no later than June 15. The process involved shutting down the heating system, draining 250,000 gallons from the pipes so that the pumps could be inspected and cleaned, and then refilling the pipes with 250,000 gallons of water that was pumped through refrigeration units until the water was cooled to about 40 degrees Fahrenheit. Landlord presented admissible proof that in 2008 it completed the changeover process from heat to air conditioning in the usual manner without undue delay. It also received no request from tenant that he needed relief from the heat. 

Cooper v. Starrett City, Inc.: 2014 NY Slip Op 07752, 2014 WL 587983 (App. Div. 1 Dept.; 11/13/14; Gonzalez, PJ, Tom, Renwick, Gische, JJ)