No Proof Hot Water Pipes Caused Fire

Tenant sued landlord for negligence after a fire occurred in her apartment. Tenant claimed that heat from a hot water pipe under her living room floor over a long period of time caused the wood subflooring to catch fire. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Tenant hadn't complained before the fire about heat from the hot water pipes or burning smells coming from the floor. Although tenant had complained about fluctuating water temperatures, this couldn't have been reasonable notice to landlord about the possibility of an unrelated fire hazard. Because there was no notice to landlord of any defect, landlord had no duty to remove the floor to look at what was underneath.

Giaccio v. 179 Tenants Corp.: NYLJ, 11/23/07, p. 34, col. 4 (App. Div. 1 Dept.; Friedman, JP, Marlow, Sweeny, Catterson, Malone, JJ)