Stove Exploded in Tenant's Apartment

June 30, 2000

LVT Number: 14210

Tenant sued landlord for negligence after a stove exploded in her apartment. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Landlord's building manager stated in pretrial questioning that he didn't know whether any repairs had been made within five years before the accident. So there were questions as to whether landlord had properly performed the claimed annual inspections of the apartment, whether the stove was defective or, if there was a defect, it should have been discovered and repaired by landlord.

Tenant sued landlord for negligence after a stove exploded in her apartment. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Landlord's building manager stated in pretrial questioning that he didn't know whether any repairs had been made within five years before the accident. So there were questions as to whether landlord had properly performed the claimed annual inspections of the apartment, whether the stove was defective or, if there was a defect, it should have been discovered and repaired by landlord.

Oliver v. 144th St. Johanna Assocs.: NYLJ, 6/29/00, p. 26, col. 4 (App. Div.1 Dept.; Ellerin, JP, Rubin, Saxe, Buckley, JJ)

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