Stove Explodes in Tenant's Apartment

January 1, 2007

LVT Number: 19335

Tenant sued landlord for negligence. She claimed that the stove in her apartment exploded and injured her. Tenant asked the court to rule in her favor without a trial. The court said a trial was needed. There were questions of fact as to whether landlord had notice of the defective stove. Tenant could ask the court to consider the fact that landlord removed the stove and disposed of it after the incident. Tenant could present photographs at trial taken shortly after the accident and have her expert testify as to whether the stove was defective.

Tenant sued landlord for negligence. She claimed that the stove in her apartment exploded and injured her. Tenant asked the court to rule in her favor without a trial. The court said a trial was needed. There were questions of fact as to whether landlord had notice of the defective stove. Tenant could ask the court to consider the fact that landlord removed the stove and disposed of it after the incident. Tenant could present photographs at trial taken shortly after the accident and have her expert testify as to whether the stove was defective.

Rodriguez v. 551 Realty LLC: NYLJ, 12/14/06, p. 30, col. 5 (App. Div. 1 Dept.; Tom, JP, Marlow, Sullivan, McGuire, Malone, JJ)

Topics

More like this