No Proof of Defective Fire Escape

December 1, 2001

LVT Number: 15430

Tenant sued landlord for negligence after he fell from a building fire escape. The trial court ruled for tenant and awarded him $220,000. Landlord appealed and won. Tenant didn't present sufficient proof that the fire escape was defective or that landlord had notice of any defect. In fact, tenant had testified at the trial that the fire escape ''seemed perfect.''

Tenant sued landlord for negligence after he fell from a building fire escape. The trial court ruled for tenant and awarded him $220,000. Landlord appealed and won. Tenant didn't present sufficient proof that the fire escape was defective or that landlord had notice of any defect. In fact, tenant had testified at the trial that the fire escape ''seemed perfect.''

Cox v. Foster Apt. Group: NYLJ, 11/6/01, p. 19, col. 6 (App. Div.2 Dept.; O'Brien, JP, Goldstein, Schmidt, Smith, JJ)

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