Tenant Claims Defective Kitchen Cabinet Fell Off Wall, Causing Injury

Tenant sued landlord for negligence after she was injured by a kitchen cabinet that fell off the wall. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Although tenant didn't follow the lease provision to inform landlord in writing of the defective cabinet, tenant did tell the building super about the cabinet defect three months before it fell from the wall. So landlord received actual notice of the condition. Although it was unclear as to whether tenant's complaint was about the cabinet coming away from the wall, or merely about the door, its frame, or its hinge, and it was also unclear whether the whole cabinet fell off the wall, landlord failed to show that the super hadn't negligently repaired the defect or caused the defect. The super denied ever repairing or attempting to repair the cabinet, or receiving a complaint. This raised a question of fact requiring a trial.

Santana v. Kardash Realty Corp.: 2018 NY Slip Op 01295, 2018 WL 1054584 (App. Div. 1 Dept.; 2/27/18; Andrias, JP, Gesmer, Kern, Singh, Moulton, JJ)