Is Landlord Responsible for "Drug Fumes" from Neighbor's Unit Tenant Claims Injured Her?

January 30, 2023

LVT Number: #32415

Tenant sued landlord for negligence, claiming that she was injured in her apartment by dangerous "drug fumes" coming from a neighbor's unit. Landlord asked the court to dismiss the case without trial. Tenant's attorney claimed this request was premature. The court agreed with tenant and ordered both sides to appear for a preliminary conference. Facts essential to justify tenant's opposition to landlord's claim that it wasn't responsible for claimed injuries may exist, but discovery had not yet been conducted.

Tenant sued landlord for negligence, claiming that she was injured in her apartment by dangerous "drug fumes" coming from a neighbor's unit. Landlord asked the court to dismiss the case without trial. Tenant's attorney claimed this request was premature. The court agreed with tenant and ordered both sides to appear for a preliminary conference. Facts essential to justify tenant's opposition to landlord's claim that it wasn't responsible for claimed injuries may exist, but discovery had not yet been conducted.

Smith v. Glenwood Mgt. Corp.: Index No. 100466/2019, 2022 NY Slip Op 34153(U)(Sup. Ct. NY; 12/8/22; Cohen, J)

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