Landlord Wasn't Required to Install Special Stove for Quadriplegic Tenant

April 1, 1997

LVT Number: 11354

Tenant sued landlord for negligence after being injured while using the stove in his apartment. Tenant was a quadriplegic and was burned when a pot containing hot oil overturned. The stove was shoulder-height to tenant, who was confined to wheelchair. Tenant had to lift his arms over his head to reach into the 10-inch-deep pot. Tenant claimed that landlord should've provided a special stove or given him permission to install one. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed.

Tenant sued landlord for negligence after being injured while using the stove in his apartment. Tenant was a quadriplegic and was burned when a pot containing hot oil overturned. The stove was shoulder-height to tenant, who was confined to wheelchair. Tenant had to lift his arms over his head to reach into the 10-inch-deep pot. Tenant claimed that landlord should've provided a special stove or given him permission to install one. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court reversed and dismissed the case. Landlord had no duty to provide tenant with a special stove. And there was no proof that tenant had ever asked permission to install one.

Kleckley v. Trump Mgmt., Inc.: NYLJ, p. 32, col. 2 (3/21/97) (App. Div. 2 Dept.; Friedmann, JP, Florio, McGinity, Luciano, JJ)

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