Tenant Injured When Window Sash Fell on Her

February 8, 2013

LVT Number: #24614

Tenant sued landlord and its contractor for negligence. Tenant was injured when a window sash fell on her while she was sitting next to it. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled for landlord. Tenant appealed, and the case was reopened. At tenant's request, landlord hired a contractor who replaced the apartment windows. A few days later, tenant noticed that one of the windows seemed a little crooked. Tenant didn't complain to landlord before the accident.

Tenant sued landlord and its contractor for negligence. Tenant was injured when a window sash fell on her while she was sitting next to it. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled for landlord. Tenant appealed, and the case was reopened. At tenant's request, landlord hired a contractor who replaced the apartment windows. A few days later, tenant noticed that one of the windows seemed a little crooked. Tenant didn't complain to landlord before the accident. But whether the crooked installation of the window was a defective condition, and whether landlord had notice of that condition, were issues of fact that required a trial.

Pungello v. Window Network LLC: 2013 NY Slip Op 00319, 2013 WL 238916 (App. Div. 2 Dept.; 1/23/13; Skelos, JP, Dillon, Hall, Miller, JJ)

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