Landlord Not Responsible for Tenant's Injury from Burning Christmas Tree

Tenant sued landlord for negligence after he was injured in his apartment. Tenant attempted to extinguish a fire from a Christmas tree by grabbing the burning tree with his arms. Tenant claimed that landlord failed to ensure that the smoke detector in his apartment was working. The court granted landlord’s request to dismiss the case without trial. Tenant appealed and lost. Landlord wasn’t responsible for tenant’s injuries, and landlord’s negligence, if any, didn’t cause tenant’s injuries. Tenant had time to leave the apartment without injury but chose to try to put out the flames by grabbing and shaking the burning tree. There also was no evidence that tenant relied on landlord’s inspection of the smoke detector in his apartment.

Poree v. NYCHA: 2016 NY Slip Op 03955, 2016 WL 2904835 (App. Div. 1 Dept.; 5/19/16; Sweeny, JP, Renwick, Andrias, Kapnick, Kahn, JJ)