Tenant Claims Inadequate Fire Safety Warning Devices in Building

Tenant sued landlord, claiming that landlord was responsible for injuries he suffered when he jumped from a second-story fire escape platform at his apartment building in response to a fire at the building next door. The court granted landlord’s request to dismiss the case without trial. Tenant appealed, and the case was reopened. The appeals court found that there were fact questions requiring a trial concerning whether there was sufficient smoke in tenant’s building to have triggered an adequate and functional smoke or fire alarm soon enough for tenant to have avoided the extremely smoky condition he claimed he encountered when he tried to leave the building. There was also a question as to whether tenant’s escape was delayed by landlord’s failure to provide adequate fire safety devices. 

Gomez v. Kozot Realty Corp.: 37 N.Y.S.3d 260, 2016 NY Slip Op 06046 (App. Div. 1 Dept.; 9/15/16; Friedman, JP, Acosta, Moskowitz, Kapnick, Gesmer, JJ)