Tenant Claims Injury Due to Defective Radiator

June 30, 2006

LVT Number: 18946

Tenant sued landlord, claiming she was injured by a defective radiator in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord claimed it wasn't responsible for tenant's injuries. Landlord stated that it had installed a new radiator in tenant's apartment, with a temperature control knob attached. Tenant didn't request a cover for the radiator and didn't complain about it. Tenant didn't present any contrary proof, except for an unsworn statement from her mother. This was insufficient.

Tenant sued landlord, claiming she was injured by a defective radiator in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord claimed it wasn't responsible for tenant's injuries. Landlord stated that it had installed a new radiator in tenant's apartment, with a temperature control knob attached. Tenant didn't request a cover for the radiator and didn't complain about it. Tenant didn't present any contrary proof, except for an unsworn statement from her mother. This was insufficient.

Briggs v. 2244 Morris, LP: NYLJ, 6/15/06, p. 32, col. 6 (App. Div. 1 Dept.; Tom, JP, Saxe, Friedman, Sullivan, McGuire, JJ)

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