No Proof Landlord Knew About Conditions That Caused Fire

Criminal charges were brought against landlord for negligent homicide and reckless endangerment after a fire in landlord's building resulted in the deaths of two firefighters and serious injury to four others. The jury found landlord guilty, but the trial court set aside the verdict. The Bronx District Attorney (DA) appealed and lost. The fire was caused by illegal and unsafe electrical installations made by a third-floor tenant, but the DA claimed that the deaths and injuries were caused by an illegal and unsafe partition installed in another apartment by a fourth-floor tenant. The DA claimed that landlord knew about the illegal partition and didn't seek to have it removed. The building super testified that he knew but never told landlord about the partition. Even if the jury didn't believe the super, there was no evidence that landlord knew about the partition. The case was dismissed.

People v. Rios: NYLJ, 9/26/11, p. 18, col. 3 (App. Div. 1 Dept.; Saxe, JP, Friedman, Acosta, DeGrasse, Abdus-Salaam, JJ)