Tenant Claims Missing Doorknob Caused Death by Fire

July 31, 1998

LVT Number: 12515

Tenant's family sued landlord NYCHA for negligence after tenant died in an apartment fire. Landlord claimed the fire was started by tenant's 5-year-old child and that it wasn't legally responsible. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant's family claimed that landlord hadn't replaced a missing doorknob and that tenant's death was caused when a bedroom door jammed and tenant was trapped inside. The questions of fact in the case required a trial.

Tenant's family sued landlord NYCHA for negligence after tenant died in an apartment fire. Landlord claimed the fire was started by tenant's 5-year-old child and that it wasn't legally responsible. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant's family claimed that landlord hadn't replaced a missing doorknob and that tenant's death was caused when a bedroom door jammed and tenant was trapped inside. The questions of fact in the case required a trial.

Aiken v. NYCHA: 673 NYS2d 14 (1998) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Williams, Tom, JJ)

Topics

More like this