Tenant Claimed Steam Damaged Furniture

January 1, 1996

LVT Number: 10250

Tenant sued landlord, claiming artwork and furniture in her apartment were damaged by steam coming from a recently repaired living room radiator. Landlord asked the court to dismiss the case without trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court again ruled against landlord. A trial was needed to determine the facts. Tenant's furniture restorer said the damage wasn't caused by normal atmospheric or weather conditions. And an engineer said a recently repaired living room radiator probably caused the damage.

Tenant sued landlord, claiming artwork and furniture in her apartment were damaged by steam coming from a recently repaired living room radiator. Landlord asked the court to dismiss the case without trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court again ruled against landlord. A trial was needed to determine the facts. Tenant's furniture restorer said the damage wasn't caused by normal atmospheric or weather conditions. And an engineer said a recently repaired living room radiator probably caused the damage.

Imre v. Federal Insurance Co.: 632 NYS2d 562 (1995) (App. Div. 1 Dept.; Rosenberger, JP, Rubin, Ross, Nardelli, Mazzarelli, JJ)

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