Landlord Responsible for Tenant's Injuries After Kitchen Cabinet Fell

June 25, 2018

LVT Number: #28453

Tenant sued landlord for negligence after she opened a kitchen cabinet door and the cabinet suddenly fell on her from the wall. The court ruled for tenant without a trial. Tenant showed that the cabinet fell due to either unaddressed water damage from leakage behind a wall into her apartment from above, or improper installation of the cabinets, or both. Landlord claimed that the cabinet was overloaded, but the thing spoke for itself.

Tenant sued landlord for negligence after she opened a kitchen cabinet door and the cabinet suddenly fell on her from the wall. The court ruled for tenant without a trial. Tenant showed that the cabinet fell due to either unaddressed water damage from leakage behind a wall into her apartment from above, or improper installation of the cabinets, or both. Landlord claimed that the cabinet was overloaded, but the thing spoke for itself. Failure to repair the leak or to properly install the cabinets were within landlord's control, and landlord presented no facts supporting its claim that the cabinet was overloaded.

Marmol v. 2609 Briggs Realty LLC: Index No. 22004/2015, NYLJ No. 1525126729 (Sup. Ct. Bronx; 4/16/18; Mills, J)

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