Tenant Claims Injury Due to Falling Ceiling Plaster

October 31, 2011

LVT Number: #23712

Tenant sued landlord for negligence based on injuries she suffered when pieces of falling ceiling plaster fell on her head. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was reopened. Landlord didn't prove that it wasn't responsible for tenant's injuries. A trial was needed to determine the facts. The lower court also should have permitted tenant to withdraw her claim that her baby, born shortly after the incident, also was injured.

Tenant sued landlord for negligence based on injuries she suffered when pieces of falling ceiling plaster fell on her head. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was reopened. Landlord didn't prove that it wasn't responsible for tenant's injuries. A trial was needed to determine the facts. The lower court also should have permitted tenant to withdraw her claim that her baby, born shortly after the incident, also was injured.

Blackwell v. Mikevin Management III, LLC: 931 N.Y.S.2d 116, 2011 NY Slip Op 07389 (App. Div. 2 Dept.; 10/18/11; Rivera, JP, Balkin, Hall, Cohen, JJ)

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