Tenant Claims Stuck Window Caused Injury

November 1, 1998

LVT Number: 12736

Tenant sued landlord for negligence after she was injured outside her apartment. Tenant claimed that, in the middle of winter, she had been unable to close her bedroom window from the inside. Tenant had then tried to close the window from her fire escape and had fallen as she tried to go back into the apartment. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. There was an issue of fact as to whether landlord's failure to repair the window was the cause of tenant's injury. A trial was therefore needed.

Tenant sued landlord for negligence after she was injured outside her apartment. Tenant claimed that, in the middle of winter, she had been unable to close her bedroom window from the inside. Tenant had then tried to close the window from her fire escape and had fallen as she tried to go back into the apartment. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. There was an issue of fact as to whether landlord's failure to repair the window was the cause of tenant's injury. A trial was therefore needed.

Ozuna v. Lemle Realty Corp.: NYLJ, p. 27, col. 2 (10/8/98) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Wallach, Williams, JJ)

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