No Proof Landlord Knew About Condition That Caused Apartment Fire

June 30, 2007

LVT Number: #19716

Tenant sued landlord for negligence after a fire destroyed tenant's apartment. Tenant claimed that heat produced over a long period by a hot water pipe under her living room floor caused the wood sub-flooring to turn to carbon and catch fire. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There were no complaints to landlord about heat or burning smells coming from the floors above the pipes. There also was no proof of any carbon found under the floor wood in any of the other apartments on tenant's floor.

Tenant sued landlord for negligence after a fire destroyed tenant's apartment. Tenant claimed that heat produced over a long period by a hot water pipe under her living room floor caused the wood sub-flooring to turn to carbon and catch fire. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There were no complaints to landlord about heat or burning smells coming from the floors above the pipes. There also was no proof of any carbon found under the floor wood in any of the other apartments on tenant's floor. Tenant's prior complaints of fluctuating water temperatures couldn't be deemed to have been notice to landlord of a fire hazard.

Giaccio v. 179 Tenants Corp.: NYLJ, 6/25/07, p. 33, col. 3 (App. Div. 1 Dept.; Friedman, JP, Marlow, Sweeny, Catterson, Malone, JJ)

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