Is Landlord Responsible for Window Falling on Tenant's Hand?

June 17, 2019

LVT Number: #30146

Tenant sued landlord for damages, after an apartment window abruptly closed on his hand. Tenant claimed that landlord negligently maintained the window. The court granted landlord's request to dismiss the case without trial. Tenant appealed, and the case was reopened. There was a genuine issue of fact as to whether landlord had actual notice of the claimed condition of the window. This precluded summary judgment. A trial was needed to determine the facts.

Tenant sued landlord for damages, after an apartment window abruptly closed on his hand. Tenant claimed that landlord negligently maintained the window. The court granted landlord's request to dismiss the case without trial. Tenant appealed, and the case was reopened. There was a genuine issue of fact as to whether landlord had actual notice of the claimed condition of the window. This precluded summary judgment. A trial was needed to determine the facts. Landlord showed that it didn't create the condition, but there was still a question as to whether landlord had actual notice of the condition. 

Caban v. KEM Realty, LLC: Index No. 2018-06609, 2019 NY Slip Op 04129 (App. Div. 2 Dept.; 5/29/19; Rivera, JP, Chambers, Cohen, Iannacci, JJ)

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