Stove Exploded

May 31, 2006

LVT Number: 18888

Tenant sued landlord for negligence after her apartment stove exploded. Landlord asked the court to dismiss the case without a trial. Landlord claimed that tenant admitted in the ambulance that she had used the stove to light a cigarette shortly after fumigating the kitchen with insecticide. The court ruled against landlord. Tenant claimed in her complaint and in pretrial questioning that landlord didn't provide and repair a proper and adequate stove. And tenant's alleged statements to the contrary weren't admissible evidence. A trial was needed to determine the facts.

Tenant sued landlord for negligence after her apartment stove exploded. Landlord asked the court to dismiss the case without a trial. Landlord claimed that tenant admitted in the ambulance that she had used the stove to light a cigarette shortly after fumigating the kitchen with insecticide. The court ruled against landlord. Tenant claimed in her complaint and in pretrial questioning that landlord didn't provide and repair a proper and adequate stove. And tenant's alleged statements to the contrary weren't admissible evidence. A trial was needed to determine the facts.

Melendez v. 176 Hopkins Assocs., LP: NYLJ, 5/1/06, p. 36, col. 5 (App. Div. 2 Dept.; Adams, JP, Ritter, Mastro, Skelos, JJ)

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